Luthi v. Evans

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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).
  • Mr. Evans ("Evans") owned an over-riding royalty interest in the Kufahl lease (that Mrs. Owens claimed to own).

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