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HUDGEONS v. TENNECO OIL CO.

No. 88CA1567.

796 P.2d 21 (1990)

Glen C. HUDGEONS and Lois M. Hudgeons, Plaintiffs-Appellants, v. TENNECO OIL COMPANY; Continental Oil Company; Shell Oil Company; Lynn M. Nash; Sabine Production Company; Tierra Petroleum Company; Eugene Sungy; Edwin L. Cox; Berry R. Cox; Kenneth E. Tompkins; Richard M. Whitaker, II; Jeffrey L. McManus; Thomas Stewart; Edwin L. Cox and Berry R. Cox, Trustees for Gary L. Ahrens; James E. Anderson; Continental Illinois National Bank and Trust Company of Chicago; C.J. Gibson and Kimberly McKean; Lae Energy; Valley View Energy Corporation; Texas Petroleum Partners; and Shirley Hasty as County Treasurer for the County of Dolores, State of Colorado, and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 19, 1990.

Certiorari Denied September 10, 1990.

Attorney(s) appearing for the Case

Gersh & Danielson, Luke J. Danielson, John C. Long, Denver, Stephen Muse, San Antonio, Tex., for plaintiffs-appellants.

Holme Roberts & Owen, Marla J. Williams, Steven B. Richardson, Thomas H. McCarthy, Jr., Denver, for defendants-appellees Tenneco Oil Co., Conoco Oil, Shell Oil Co., Sabine Corp., Lynn M. Nash, Edwin L. Cox, Berry R. Cox, Valley View Energy Corp. and Texas Petroleum Partners.

Stutz, Dyer & Miller, R. Gregory Stutz, Paul G. Urtz, Denver, for defendant-appellee Eugene Sungy.

Opinion by Judge MARQUEZ.

Plaintiffs, the Hudgeons, sought to quiet title to the ownership of carbon dioxide under their land. The trial court denied plaintiffs' motion for summary judgment and granted summary judgment to defendants, Tenneco Oil Company, et al. Plaintiffs appeal, and we affirm.

The facts underlying this action are not in dispute. On October 21, 1939, John McLean conveyed, by a warranty deed, all of his interest in a certain parcel of real...

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