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KRISS v. MINERAL RIGHTS, INC.

No. 94CA1958.

911 P.2d 711 (1996)

John KRISS, individually and as Personal Representative of the Estate of Stella Kriss, Deceased, Plaintiff-Appellant, v. MINERAL RIGHTS, INC., a Colorado corporation; Jack D. Larsen; Cross Timbers Oil Company, a Delaware corporation; Frances E. Rader; Charles F. Doornbos, individually and as Trustee of the Charles F. Doornbos Revocable Trust; Coleman Morton; Louis Taubman, individually and as Trustee of the Louis Taubman Trust; Daniel Kaplan, individually and as Trustee of the Maurine Taubman Trust; Daniel Kaplan, individually and as Trustee of the Laurence Nathan Taubman Trust; Mark F. Harison; Patricia Harison; Vern C. Jones; Southport Exploration, Inc.; Otto G. Seal; Medallion Petroleum, Inc., an Oklahoma corporation; Exok, Inc., an Oklahoma corporation; Albert L. Thalman; Ruby G. Thalman; and Kathleen Carroll and Mary Ellen Wigge, individually and as Co-personal Representatives of the Estate of Paul Martin, Deceased, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

January 25, 1996.

Attorney(s) appearing for the Case

George E. Reeves, Denver, for Plaintiff-Appellant.

Pharo & Penkowsky, P.C., Milam Randolph Pharo, Denver, for Defendant-Appellee Mineral Rights, Inc.

Gary W. Davis, Eads, for Defendants-Appellees Jack D. Larsen and Frances E. Rader.

Poulson, Odell & Peterson, LLC, Randall M. Case, Denver, for Defendant-Appellee Cross Timbers Oil Company.

Gorsuch Kirgis L.L.C., Stephen M Brainerd, Denver, for Defendant-Appellee Charles F. Doornbos.

Richard H. Bate, Denver, for Defendants-Appellees Coleman Morton; Louis Taubman, individually and as Trustee of the Louis Taubman Trust; Daniel Kaplan, individually and as Trustee of the Maurine Taubman Trust; Daniel Kaplan, individually and as Trustee of the Laurence Nathan Taubman Trust; Mark F. Harison; Patricia Harison; Vern C. Jones; Southport Exploration, Inc.; Otto G. Seal; Medallion Petroleum, Inc., an Oklahoma corporation; Exok, Inc., an Oklahoma corporation; Albert L. Thalman; and Ruby G. Thalman.

No Appearance for Defendants-Appellants Kathleen Carroll and Mary Ellen Wigge, individually and as Co-personal Representatives of the Estate of Paul Martin.

Opinion by Judge BRIGGS.

Plaintiff, John Kriss, individually and as personal representative of the estate of Stella Kriss, appeals the judgment of the trial court quieting title in defendants to an interest in the mineral estate of property otherwise owned by plaintiff. Defendants, various corporations, individuals, trustees, and personal representatives, hold record title to the portion of the mineral estate in question. Plaintiff contends that, because of his possession...

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