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SCHOENBERGER v. MISSOURI PACIFIC RR CO.

No. 84,193.

29 Kan. App.2d 245 (2000)

26 P.3d 700

JAMES L. SCHOENBERGER d/b/a JASON OIL COMPANY, et al., Appellees, v. MISSOURI PACIFIC RAILROAD COMPANY and UNION PACIFIC LAND RESOURCES CORPORATION, Appellants.

Court of Appeals of Kansas.

Opinion filed September 15, 2000.

Attorney(s) appearing for the Case

Robert J. O'Connor and David E. Bengtson, of Morrison & Hecker, L.L.P., of Wichita, and Joseph W. Jeter, of Jeter Law Firm, L.L.P., of Hays, for appellant Union Pacific Land Resources Corporation.

Michael S. Holland and Michael S. Holland II, of Holland and Holland, of Russell, for appellees.

Before BRAZIL, C.J., ELLIOTT, J., and PADDOCK, S.J.

ELLIOTT, J.:

Union Pacific Land Resources Company (UP) appeals the trial court judgment that it did not own fee title to the mineral rights it leased to Jason Oil Company, et al. (Jason).

We reverse.

The material facts are undisputed, as the parties agree with the trial court's findings of fact. In 1887, an order condemned a strip of land for a railroad right-of-way. A month later, an individual conveyed by warranty deed most of a quarter section...

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