Christiansen v. Virginia Drilling Co.

The opinion of the court was delivered by

Kagey, J.:

This is an action for damages for trespass to real estate. The lower court sustained defendants’ motions for judgment on the pleadings, which were by the court and parties to the action treated as demurrers; hence this appeal.

Briefly, the facts as admitted by the parties are as follows: Appellants are the owners, as tenants in common, of the east half of section 15, township 21 S, range 12 W of the 6th P. M. in Stafford county, Kansas. Appellants’ predecessors in title, on August 9, 1938, executed a Form 88 (Producers) Oil and Gas Lease…