Wulf v. Shultz

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a declaratory judgment action instituted pursuant to the provisions of K. S. A. 60-1701 et seq.

Robert O. Wulf and Hazel Wulf (plaintiffs-appellees) filed suit alleging they were the owners of the entire fee simple tide to a certain tract of land in Allen County, Kansas; that the tract of land was subject to an oil and gas lease and that the record owner of the lease was M. W. Shultz (defendant-appellant). The petition requested the court to consider and interpret the lease to limit the defendant’s rights thereunder to…