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Luthi v. Evans

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


Facts

Grace Owens owned interests in several oil and gas leases in Coffey County. In February 1971, she assigned seven of her interests to International Tours, Inc. (Tours). The first paragraph of the assignment document specifically described the seven oil and gas leases to be assigned. The second paragraph of the assignment purported to convey to Tours “all interest” in oil and gas leases in Coffey County “whether or not specifically enumerated above.” Tours recorded this assignment in February 1971. One of leases Owens owned in Coffey County was located in Kufahl; this lease was not specifically described in the assignment to Tours. In 1975, Owens assigned the Kufahl lease to Burris. Burris personally checked the register of deeds, and also secured an abstract and title to the Kufahl land after it had been assigned to him. He found nothing indicating a prior assignment of the land to Tours. Tours claimed that the 1971 assignment conveyed the Kufahl lease to Tours. Burris contended that the lack of specific description of the Kufahl land made the assignment too general to provide effective notice to subsequent purchasers. Burris sued to quiet title. The trial court found for Burris, but the court of appeals held that the general description was sufficient to give notice to a subsequent purchaser.

Rule of Law

Issue

Holding and Reasoning (Prager, J.)

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