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Heyen v. Hartnett

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eBook details

  • Title: Heyen v. Hartnett
  • Author : Supreme Court of Kansas
  • Release Date : January 24, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

The opinion of the court was delivered by This is an action for a declaratory judgment to construe a certain mineral deed and to determine the ownership [235 Kan. 118] of the parties in the oil and gas and other minerals located in a certain tract of land in Stafford County. The essential facts in the case are undisputed. The mineral deed in question was executed and delivered in June of 1925. The handwritten deed provided as follows: Deed to An Undivided Interest in Oil, Gas and Other Minerals This Indenture, made this ____ day of June A.D., 1925 between D.C. Masters of Stafford County, Kansas the party of the first part (whether one or more) and Andrew W. Hartnett and Benj. E. Evans, of Stafford County, Kansas the party of the second part. Witnesseth: That the said party of the first part, for and in consideration of the sum of One Dollar and other valuable considerations. Dollars ($1.00) To us in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, release and forever quitclaim unto the said party of the second part and to heirs and assigns forever an undivided 1/16 interest in and to all of the oil, gas and other minerals whatsoever in and under the following described lands situate in Stafford County, State of Kansas, to-wit: The North half of the North West Quarter of Section 32 in Township 22, south, of Range 11 West of the 6th P.M. of Section ____, Township ____, south, Range ____ east of the 6th P.M., and containing 80 acres more or less. Together with the rights of ingress and egress at all times for the purpose of mining, drilling and exploring said land, for oil, gas and other minerals, and removing the same therefrom, and any and all rights and privileges necessary, incident to, or convenient for the economical operation of said land for such purposes. To Have And To Hold all and singular said premises, together with the appurtenances and privileges thereto incident unto the said party of the second part, heirs and assigns forever. If such land is covered by a valid oil and gas or other mineral lease, the party of the second part, — heirs and assigns, by this instrument shall have an undivided 1/2 interest in the Royalties, Rentals, and Proceeds therefrom, of whatsoever nature. Witness Our Hands and Seals the day and year first above written. Witness: D.C. Masters (Seal) The deed was acknowledged before a notary public by the grantor, D.C. Masters, on June 13, 1925, and recorded on December 5, 1925.


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