Chapman v. Continental Oil Co.

The opinion of the court was delivered by

Harvey, J.:

This was an action for a declaratory judgment to determine the rights of the respective parties in a certain mineral lease. It was tried in the court below upon the pleadings and stipulated facts. The trial court found the lease had been abandoned, and rendered judgment for defendants. Plaintiffs have appealed.

On December 10, 1896, William Kysar and his wife, then the owners of a certain quarter section of land in Ellis county, executed to Theodore Stegner and B. H. Chapman, of Kansas City, Mo., a written agreement of lease “for the purpose…