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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 some of her interests to International Tours, Inc. (Tours). The first paragraph of the assignment document specifically described 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.” Owens owned an oil and gas lease in Kufahl, which was in Coffee County. The ownership of the Kufahl lease was not enumerated in the first paragraph of the assignment to Tours. Tours recorded this assignment in February 1971. In January 1975, Owens assigned the Kufahl lease to Burris. Burris personally checked the register of deeds, and also secured an abstract of title. Neither effort reflected the prior assignment to Tours. A dispute arose as to the ownership of the interest in the Kufahl oil and gas lease.

Rule of Law

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Issue

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Holding and Reasoning (Prager, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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