Wood River Oil & Refining Co. v. Madden

The opinion of the court was delivered by

Wertz, J.:

This action was instituted by appellant Wood River Oil & Refining Co., Inc., to quiet its title to an oil and gas lease covering certain described real property in Rooks County, Kansas, and to construe a will. All appellees, defendants in the original action, filed cross petitions seeking to establish interests in the property and to quiet their titles thereto.

The following facts gave rise to this action. J. E. Atherton, also known as James E. Atherton, died testate on July 21, 1925, owning considerable real estate in Rooks county, Kansas.…