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RUCKER v. DELAY

No. 101,766.

289 P.3d 1166 (2012)

295 Kan. 826

Donald R. RUCKER and Barbara L. Rucker, Appellees, v. Earl R. DELAY and Leah Griffith DeLay, Henry Choquette and Ruth Mary Choquette, Leigh G. DeLay, Edith L. DeLay, John E. DeLay, Elizabeth Bennett, Harriet DeLay, Marian Allender, Eloise Hayes, and Wendy Anderson, Appellants.

Supreme Court of Kansas.

October 19, 2012.

Attorney(s) appearing for the Case

Richard N. Raleigh , of Medicine Lodge, argued the cause and was on the brief for appellants.

Alan C. Goering , of Goering and Slinkard, of Medicine Lodge, argued the cause and was on the brief for appellees.

David E. Pierce , of Topeka, was on the brief for amicus curiae David E. Pierce.

The opinion of the court was delivered by BILES, J.:

This is a quiet title action challenging a claimed interest to oil and gas rights reserved in 1924 when the landowners sold the surface and mineral estate, but kept for themselves and their heirs what was described as a portion of the landowners' one-eighth interest in the oil, gas, or other minerals that might later be developed. The district court and Court of Appeals held that this reservation was a royalty interest...

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