People's Gas Co. v. Fletcher
Supreme Court of Kansas
Appeal from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. The plaintiffs sought to enjoin Fletcher and wife and Yoke from operating for oil or gas or removing the same from land belonging to the Fletchers.
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Appeal from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. The plaintiffs sought to enjoin Fletcher and wife and Yoke from operating for oil or gas or removing the same from land belonging to the Fletchers. The petition alleged that 'on September 4, 1899, Joseph and Matilda Fletcher executed and delivered to the Pennsylvania Oil Company, a partnership, an oil-and-gas lease to the northwest quarter of section 20, in township 84 south, of range 16 east of the sixth principal meridian, in Montgomery county, Kansas, for a period of ten years from that date, and as much longer…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The plaintiffs’ main contention is that as to innocent purchasers the certificate of acknowledgment of an instrument regular on its face can not be impeached by the uncorroboratéd testimony of the interested parties. The rule contended for may obtain in a certain class of cases in those states where the act of acknowledgment is regarded as judicial, but manifestly such a rule has no place in Kansas.- In this state the person taking the acknowledgment acts in a ministerial, and not in a judicial, capacity. (Heaton v. Bank, 59 Kan. 281, 289.)…
2Cases cited14 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Wheelock v. CavittTexas Supreme Court · 1898
- Shuler v. LashhornSupreme Court of Kansas · 1903
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- Johnston ex rel. Smith v. WallaceMississippi Supreme Court · 1876
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3Cited by17 opinions
- Northcrest, Inc. v. WALKER BANK & TRUST CO.Utah Supreme Court · 1952
- Kimmell v. TiptonCourt of Appeals of Texas · 1940
- Nickel v. JandaSupreme Court of Oklahoma · 1925
- Fish v. PoormanSupreme Court of Kansas · 1911
- Graham v. Wichita Terminal Elevator Co.Supreme Court of Kansas · 1924
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