Wea Gas, Coal & Oil Co. v. Franklin Land Co.
Supreme Court of Kansas
Error from Miami District Court. This is a continuation of the litigation between these parties which was before this court in 1890, and which is reported in 43 Kas. 518. After the reversal of the judgment, the cause was remanded to the district court, where another trial was had, and it was then stipulated that the findings of fact made by the court, and which are set forth in the opinion in Land Co. v. Gas Co., 43 Kás. 518, except finding No. 11, were admitted as facts in…
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Error from Miami District Court. This is a continuation of the litigation between these parties which was before this court in 1890, and which is reported in 43 Kas. 518. After the reversal of the judgment, the cause was remanded to the district court, where another trial was had, and it was then stipulated that the findings of fact made by the court, and which are set forth in the opinion in Land Co. v. Gas Co., 43 Kás. 518, except finding No. 11, were admitted as facts in this case. The court then made the following additional findings of fact: “1. That on the 23d day of July, 1886, at the…
1Opinion of the Court
*535The opinion of the court was delivered by
Johnston, J.:
There is little in the additional findings of fact to change the view that was taken when the case was here before. (Land Co. v. Gas Co., 43 Kas. 518.) It appears that there was but one lease executed by Dunn, and that that one and the lease referred to in the Wadsworth coi - tract are identical. And it further appears that the officer* of the land company had knowledge of the execution and delivery of a paper purporting to be the lease executed by Dunn to the oil company. It is shown beyond question, however, that no lease was in fact…
2Cases cited2 opinions
- Franklin Land Co. v. Wea Gas, Coal & Oil Co.Supreme Court of Kansas · 1890
- Elwell v. HitchcockSupreme Court of Kansas · 1889
3Cited by7 opinions
- Terry v. HumphreysNew Mexico Supreme Court · 1922
- Thompson v. MillikinSupreme Court of Kansas · 1914
- Farmers Elevator Co. v. CaseySupreme Court of Kansas · 1943
- First National Bank v. TylerSupreme Court of Kansas · 1930
- Ray v. BrushSupreme Court of Kansas · 1922
2 more not listed; retrieve them via the Exa API.