Smith v. Home Royalty Association, Inc.

The opinion of the court was delivered by

Owsley, J.:

The plaintiff filed this action to quiet title to the NW K of Section 14, Township 28S, Range 39W, Stanton County, Kansas, against the defendant’s term mineral interest therein. The dispute relates to the question of whether the said term mineral interest (created 12-10-28) has been extended beyond its primary term (ending 12-10-49) by production commenced within the primary term on an adjacent quarter, both quarters being within a unitized leasehold.

The case was submitted to the trial court upon stipulated facts. A jury trial was waived and…