Kneller v. Federal Land Bank of Wichita

The opinion of the court was delivered by

McFarland, J.:

This is a declaratory judgment action seeking: (1) a judicial interpretation of a defeasible term mineral interest reservation contained in a warranty deed; and (2) a determination that plaintiffs are the owners of the one-half mineral interest in *400dispute. The district court entered summary judgment in favor of the plaintiffs and defendant appeals therefrom.

All parties sought summary judgment. The case was submitted to the court on stipulated facts. There is no claim the case was not ripe for determination on motion for summary judgment.…