BARKER v. BOYER

No. 64,344

14 Kan. App. 2d 502 (1990)

794 P.2d 322

NEWELL BARKER, Appellant, v. JAY C. BOYER, ELDEN E. AMBROSIER, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed June 22, 1990.


Attorney(s) appearing for the Case

Allen Shelton, of Clark, Shelton & Pratt, P.A., of Hill City, for appellant.

Randall W. Weller, of Jones & Weller, P.A., of Hill City, for appellees.

Before BRAZIL, P.J., LARSON, J., and JOHN W. WHITE, District Judge, assigned.


LARSON, J.:

Newell Barker appeals from the trial court's ruling that the lesser interest clause in an oil and gas lease operates to reduce an overriding royalty interest.

In 1945, Mabel A. Loyd acquired title to all of the surface and mineral rights in and to the Northwest Quarter of Section Nineteen, Township Eight, Range Twenty-two, Graham County, Kansas.

On December 21, 1977, Ms. Loyd conveyed to a third party one-half of the mineral interest in...

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