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Luthi v. Evans: Difference between revisions
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|date=April 1, 1978 | |date=April 1, 1978 | ||
|subject=Property | |subject=Property | ||
|facts=* Mrs. Owens possessed interests in oil & gas leases in Coffey County, Kansas. | |facts=*Mrs. Owens possessed interests in oil & gas leases in Coffey County, Kansas. | ||
* In 1971, Owens & her co-owners executed & recorded a deed [https://www.quimbee.com/keyterms/assignment assigning] their interests to International Tours Incorporated ("Tours") (defendant). | *In 1971, Owens & her co-owners executed & recorded a deed [https://www.quimbee.com/keyterms/assignment assigning] their interests to International Tours Incorporated ("Tours") (defendant). | ||
* The assignment described 7 oil & gas leases to Tours; plus, the assignment contained a [https://www.quimbee.com/keyterms/mother-hubbard-clause Mother Hubbard clause] | *The assignment described 7 oil & gas leases to Tours; plus, the assignment contained a [https://www.quimbee.com/keyterms/mother-hubbard-clause Mother Hubbard clause] | ||
* In addition to the aforementioned leases, Mrs. Owens retained an interest for herself in an oil & gas lease known as Kufahl lease (also in Coffey County). | *In addition to the aforementioned leases, Mrs. Owens retained an interest for herself in an oil & gas lease known as Kufahl lease (also in Coffey County). | ||
* Mr. Evans ("Evans") owned an over-riding royalty interest in the Kufahl lease (that Mrs. Owens claimed to own). | *However, Mr. Evans ("Evans") owned an over-riding royalty interest in the Kufahl lease (that Mrs. Owens claimed to own). | ||
*In 1975, Owens assigns her Kufahl interest to Mr. Burris ("Burris") | |||
*Before the assignment to Burris, he conducted a '''title search''' in Coffey County; moreover, the '''abstract of the deed''' for Burris didn't show Tours' interest in the Kufahl lease | |||
*At this juncture, (1) Tours, (2) Burris & (3) Evans claim competing interest in the same plot of land (that is, the Kufahl lease) | |||
*The successors in interest in the Kufahl lease were named Luthi. | |||
*Luthi claimed to possess superior interest in the title to the other parties. | |||
* | |||
|procedural_history=* Luthi filed a lawsuit to quiet title amidst competing claims over the same Kufahl lease. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/luthi-v-evans | |link=https://www.quimbee.com/cases/luthi-v-evans | ||
Revision as of 22:10, April 5, 2024
| Luthi v. Evans | |
| Court | Kansas Supreme Court |
|---|---|
| Citation | 576 P.2d 1064 |
| Date decided | April 1, 1978 |
Facts
- Mrs. Owens possessed interests in oil & gas leases in Coffey County, Kansas.
- In 1971, Owens & her co-owners executed & recorded a deed assigning their interests to International Tours Incorporated ("Tours") (defendant).
- The assignment described 7 oil & gas leases to Tours; plus, the assignment contained a Mother Hubbard clause
- In addition to the aforementioned leases, Mrs. Owens retained an interest for herself in an oil & gas lease known as Kufahl lease (also in Coffey County).
- However, Mr. Evans ("Evans") owned an over-riding royalty interest in the Kufahl lease (that Mrs. Owens claimed to own).
- In 1975, Owens assigns her Kufahl interest to Mr. Burris ("Burris")
- Before the assignment to Burris, he conducted a title search in Coffey County; moreover, the abstract of the deed for Burris didn't show Tours' interest in the Kufahl lease
- At this juncture, (1) Tours, (2) Burris & (3) Evans claim competing interest in the same plot of land (that is, the Kufahl lease)
- The successors in interest in the Kufahl lease were named Luthi.
- Luthi claimed to possess superior interest in the title to the other parties.
Procedural History
- Luthi filed a lawsuit to quiet title amidst competing claims over the same Kufahl lease.
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