Compton v. People's Gas Co.
Supreme Court of Kansas
Error from Montgomery district court; Thomas J. FlanNélly, judge'. STATEMENT. O. W. Compton brought this suit to enjoin the People’s Gas Company from operating on certain lands under an oil-and-gas lease, and to have the lease de-dared void. He daims under a subsequent lease. The land consists of a farm of 201 acres in Montgomery county, an undivided one-half of which belongs to Elizabeth Phillips, the other half to her children.
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Error from Montgomery district court; Thomas J. FlanNélly, judge'. STATEMENT. O. W. Compton brought this suit to enjoin the People’s Gas Company from operating on certain lands under an oil-and-gas lease, and to have the lease de-dared void. He daims under a subsequent lease. The land consists of a farm of 201 acres in Montgomery county, an undivided one-half of which belongs to Elizabeth Phillips, the other half to her children. The lease under which the People’s Gas Company claims, and which plaintiff seeks to have declared void, was executed in May, 1900, to the Pennsylvania Oil Company by…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Various objections are raised to the validity of the first lease, based upon the fact that a portion of the premises was a homestead when the lease was executed. When the suit was filed and these objections were first set up, and when plaintiff procured his lease, the youngest child had become of age and the homestead character of the premises no longer existed-While the homestead right was in existence no one entitled thereto complained or objected. After it was terminated a third party, never interested therein, seeks to have an executed…
2Cases cited5 opinions
- Lanyon Zinc Co. v. FreemanSupreme Court of Kansas · 1904
- Dayton v. DonartSupreme Court of Kansas · 1879
- Gatton v. TolleySupreme Court of Kansas · 1879
- Monfort v. Lanyon Zinc Co.Supreme Court of Kansas · 1903
- Mitchell v. MitchellSupreme Court of Kansas · 1904
3Cited by19 opinions
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
- Mai v. YoutseySupreme Court of Kansas · 1982
- Postlethwaite v. EdsonSupreme Court of Kansas · 1917
- Sun Oil Co. v. OswellSupreme Court of Alabama · 1953
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