Rawlings v. Armel
Supreme Court of Kansas
Error from Allen district court; Oscab, Foust, judge. STATEMENT. The plaintiff executed and delivered to the Kansas ■& Texas Oil, Gas and Pipe-line Company a gas and oil lease of his land, certain provisions of which, material to this controversy, are as follow : “That the party of the first part, for and in consideration of the covenants and agreements hereinafter contained, to be performed and kept by the said second party, does hereby lease and let unto the party of the…
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Error from Allen district court; Oscab, Foust, judge. STATEMENT. The plaintiff executed and delivered to the Kansas ■& Texas Oil, Gas and Pipe-line Company a gas and oil lease of his land, certain provisions of which, material to this controversy, are as follow : “That the party of the first part, for and in consideration of the covenants and agreements hereinafter contained, to be performed and kept by the said second party, does hereby lease and let unto the party of the second part the exclusive right for two years from date hereof to enter upon and operate for and to procure oil and gas…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J. :
The understanding of the parties referred to in the question set out in the first assignment of error was expressed in written instruments • hence, the question was manifestly improper.
The record discloses that the drilling referred to in the question set out in the second assignment of error was done upon land other than that in controversy, subsequently to the time the rights of the parties to this suit became fixed; hence, the question was manifestly improper.
It was not prejudicial error to exclude an answer to-the first question set out…
2Cases cited2 opinions
- Rose v. Lanyon Zinc Co.Supreme Court of Kansas · 1903
- Edwards v. Iola Gas Co.Supreme Court of Kansas · 1902
3Cited by22 opinions
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Burden v. Gypsy Oil Co.Supreme Court of Kansas · 1935
- Howerton v. Kansas Natural Gas Co.Supreme Court of Kansas · 1910
- Kansas Natural Gas Co. v. Board of County CommissionersSupreme Court of Kansas · 1907
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