HEYEN v. HARTNETT

No. 55,637

235 Kan. 117 (1984)

679 P.2d 1152

COBUS J. HEYEN, Plaintiff-Appellee, v. DREW HARTNETT, MARY EVELYN HARTNETT HAZEN, and BENJ. E. EVANS, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed March 24, 1984.


Attorney(s) appearing for the Case

James P. Mize, of Clark, Mize & Linville, Chartered, of Salina, argued the cause and was on the brief for the appellants.

Dale J. Paulsen, of Paulsen & McClure, of St. John, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

PRAGER, J.:

This is an action for a declaratory judgment to construe a certain mineral deed and to determine the ownership of the parties in the oil and gas and other minerals located in a certain tract of land in Stafford County. The essential facts in the case are undisputed. The mineral deed in question was executed and delivered in June of 1925. The handwritten deed provided...

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