Brubaker v. Branine

The opinion of the court was delivered by

Schroeder, C.J.:

The issues presented in this case stem from consolidated appeals taken by Ivan, Etta and Larry Branine (defendants-appellants) from a decision of the trial court deter mining liability on a motion for summary judgment and a subsequent judgment granting Leo D. and Ruth J. Brubaker (plaintiffs-appellees) a proportionate share of the landowners’ royalties under an oil and gas lease containing an “entirety clause.” The facts are not in dispute.

On September 20, 1976, the defendants, Ivan and Etta Branine, granted an oil and gas lease to…