Luthi v. Evans

576 P.2d 1064 (1978)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Luthi v. Evans

Kansas Supreme Court
576 P.2d 1064 (1978)

Play video

Facts

Grace Owens and others possessed interests in oil-and-gas leases. On behalf of herself and her co-owners, Owens executed and recorded a document assigning the groups’ interests in the leases to International Tours (Tours) (defendant). The assignment described seven specific leases located in Coffey County, Kansas. The assignment document also contained a Mother Hubbard clause—a clause that conveys all of a grantor’s property in a specific county. That clause conveyed all the assignors’ other lease interests that were located in the county “whether or not the same are specifically enumerated above.” At that time, Owens separately owned an interest in an oil-and-gas lease known as the Kufahl lease that was also located in Coffey County. The Kufahl lease was not one of the seven specifically listed leases. Four years later, Owens assigned her interest in the Kufahl lease to J.R. Burris (defendant). Burris conducted a title search in the county’s deed office and obtained an abstract of title but did not find anything showing that Tours had an interest in the Kufahl lease. Later, both Tours and Burris claimed competing interests in the Kufahl lease. Also, John Evans (defendant) held a royalty interest in the lease. The owners of the Kufahl property, Dale and Marcia Luthi (plaintiffs), filed a lawsuit to cancel the Kufahl lease, which required resolving who held what lease interests. The trial court found that the Mother Hubbard clause had not put Burris on constructive notice that Owens had conveyed the Kufahl lease to Tours. Accordingly, Burris was an innocent purchaser for value, and the lease belonged to him, subject to Evans’s royalty interest. The Kansas Court of Appeals found that Tours owned the lease. Burris appealed to the Kansas Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Prager, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 747,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 747,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 747,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership