Spikes v. Weller

The opinion of the court was delivered by

Thiele, J.:

This was an action to cancel an oil and gas lease, to quiet title to real estate, and for damages. A demurrer to the petition was sustained, and plaintiff appeals.

Omitting formal parts, in his petition plaintiff alleged that he was the owner of the northeast quarter of section 3, township 35, range 38, in Stevens county, Kansas, and that the defendants claimed some interest therein by reason of an oil and gas lease dated January 12, 1928, made by Isaac H. Mitchell and wife to Victor H. Martin and W. A. Barrington as lessees. The defendants…