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SHORT v. CLINE

No. 55,321

234 Kan. 670 (1984)

676 P.2d 76

W.D. SHORT, Appellant, v. EARL A. CLINE; HAROLD S. CLINE; WARREN A. CLINE; WILSON E. CLINE; COLONIAL ROYALTIES, a Corporation; FLORA LEE CLINE, Individually and as one of the Executors of the Estate of William H. Cline, Deceased; WENDELL S. HANCHER; JOHN W. HANCHER; FANNY McDONALD; JOHN MOYER; MRS. E.H. EVANS; G. STERLING YOUNG; ARCHIE HOWARD; MARY ALBERTA YOUNG; KATHERINE YOUNG GAYLE; CLARA I. YOUNG; DOROTHY M. YOUNG; PAXTON R. FIKE; JAMES HERMAN HANCHER; RAYMOND E. MATLOCKS; WILLIAM K. MATLOCKS; FIRST SENECA BANK & TRUST COMPANY; LAVERN BAUDER; MRS. FLOY SMITH; SO-ROY CORPORATION, a Corporation; JEAN K. CLINE, Executor of the Estate of Everett L. Cline, Deceased; ROBERT W. CLINE, Executor of the Estate of Lavern M. Cline, Deceased; ROBERT W. CLINE, Administrator of the Estate of Lorena C. Zaring, Deceased; FIRST NATIONAL BANK & TRUST COMPANY OF PONCA CITY, OKLAHOMA, Executor of the Estate of William H. Cline, Deceased; GERALDINE M. EVANS, DAVIS S. CLARK, and MELLON NATIONAL BANK & TRUST COMPANY, Administrators of the Estate of Ralph D. Evans, Deceased; VIRGINIA QUINN; ELWILDA MADGE McCARTY; HELEN E. QUINN; ORESSA G. CROWDER; L.J. FULTON; ELIZABETH FULTON; ALEXANDRIA FERRARI; RAYNELL MARIE HOLTZ; AND THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, CREDITORS, AND ASSIGNS OF SUCH OF THE DEFENDANTS AS MAY BE DECEASED; THE UNKNOWN SPOUSES OF THE DEFENDANTS; THE UNKNOWN OFFICERS, SUCCESSORS, TRUSTEES, CREDITORS AND ASSIGNS OF SUCH DEFENDANTS AS ARE EXISTING, DISSOLVED, OR DORMANT CORPORATIONS; THE UNKNOWN EXECUTORS, ADMINISTRATORS, TRUSTEES, CREDITORS, SUCCESSORS AND ASSIGNS OF SUCH DEFENDANTS AS ARE OR WERE PARTNERS OR IN PARTNERSHIP; and THE UNKNOWN GUARDIANS, CONSERVATORS, AND TRUSTEES OF SUCH OF THE DEFENDANTS AS ARE MINORS OR ARE IN ANYWISE UNDER LEGAL DISABILITY, Appellees.

Supreme Court of Kansas.

Opinion filed January 13, 1984.

Attorney(s) appearing for the Case

Robert D. Steiger, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause and John A. Herlocker, of Herlocker, Roberts & Herlocker, P.A., of Winfield, was with him on the brief for appellant.

Marion P. Mathews, of Mathews, Taylor & Krusor, of Winfield, argued the cause and was on the brief for appellee Colonial Royalties, and Donald Hickman, of Dale, Hickman & Mills of Arkansas City, argued the cause and was on the brief for the remaining appellees.

The opinion of the court was delivered by

HOLMES, J.:

In this action plaintiff/appellant seeks to quiet his title to the oil and gas under 160 acres of land in Cowley County, Kansas. The surface interest is not in issue. Defendants are natural persons, corporations or representatives of the estates of deceased persons who hold royalty interests in oil and gas production from the property. Plaintiff alleges these interests have terminated by reason of non-production...

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