Millikin v. Lockwood
Supreme Court of Kansas
Error from Chautauqua district court; Granville P. Aikman, judge. STATEMENT. In February, 1903, Melissa Thompson was in possession of lots 5 and 6, containing about 57 acres, under a tax deed, and was the owner in fee of lots 7 and 8 adjoining. At that time she made an oil-and-gas lease to L. A. Lockwood on the four lots, in consideration of one-tenth of the oil produced upon the property, to be delivered to her, and certain other rentals.
Read the full summary
Error from Chautauqua district court; Granville P. Aikman, judge. STATEMENT. In February, 1903, Melissa Thompson was in possession of lots 5 and 6, containing about 57 acres, under a tax deed, and was the owner in fee of lots 7 and 8 adjoining. At that time she made an oil-and-gas lease to L. A. Lockwood on the four lots, in consideration of one-tenth of the oil produced upon the property, to be delivered to her, and certain other rentals. On May 26, 1903, Lockwood assigned this lease to Millikin, in consideration of $900 and an agreement that he should receive 6% per cent, of the oil…
1Opinion of the Court
’The opinion of the court was delivered by
Benson, J.:
The tax deed to lots 5 and 6 had been •of record more than five years when Mrs. Thompson, then in possession and claiming title under it, made the ■oil lease to Lockwood, which was assigned to Millikin and under which Millikin took and held possession — a possession which he afterward yielded to Rathbun. If Mrs. Thompson had conveyed the premises instead of leasing an interest in them her grantee would have •succeeded to all her rights, and if Millikin had taken as .grantee under a conveyance from Lockwood instead •of taking as assignee of…
2Cases cited4 opinions
- Fort Scott Building & Loan Ass'n v. Palatine InsuranceSupreme Court of Kansas · 1906
- Walker v. BohSupreme Court of Kansas · 1884
- Weichselbaum v. CurlettSupreme Court of Kansas · 1878
- Nicholson v. HaleSupreme Court of Kansas · 1906
3Cited by3 opinions
- Buehler v. TeetorSupreme Court of Kansas · 1911
- Main v. DotySupreme Court of Kansas · 1928
- Whittle v. HughesSupreme Court of Kansas · 1913