Mound City Brick & Gas Co. v. Goodspeed Gas & Oil Co.
Supreme Court of Kansas
Appeal from Linn district court. STATEMENT. This action was brought by the Mound City Gas, Coal and Oil Company, which had obtained an oil, coal and gas lease upon a tract of land of which Henry Carbon was the owner, against the Goodspeed Gas and Oil Company, which claimed a subsequent lease on the same premises.
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Appeal from Linn district court. STATEMENT. This action was brought by the Mound City Gas, Coal and Oil Company, which had obtained an oil, coal and gas lease upon a tract of land of which Henry Carbon was the owner, against the Goodspeed Gas and Oil Company, which claimed a subsequent lease on the same premises. The following is a copy of the appellant’s lease: “In consideration of the sum of one dollar, the receipt of which is hereby duly acknowledged, and the covenants ■ and agreements hereinafter contained, Henry Carbon, a widower, of Mound City, Kan., first party, hereby grants, conveys…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The only question presented for consideration is whether the failure of appellant to have the lease in question recorded within ninety days after its execution and to have the property listed for taxation renders the lease null and void. The trial ■court, it is stated, held that the lease was void for noncompliance with section 1 of chapter 244 of the Laws •of 1897 (Gen. Stat. 1909, § 9334), which reads:
• “That where the fee to the surface of any tract, parcel or lot of land is in any person or persons, natural or ■artificial, and the…
2Cases cited8 opinions
- Kansas Natural Gas Co. v. Board of County CommissionersSupreme Court of Kansas · 1907
- Murray v. AllredTennessee Supreme Court · 1897
- Lanyon Zinc Co. v. FreemanSupreme Court of Kansas · 1904
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- Peterson v. HallWest Virginia Supreme Court · 1905
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