Logourl black
From our private database of 14,000+ case briefs...

Scully v. Overall

Kansas Court of Appeals
840 P.2d 1211 (Kan. App. 1992)


Facts

Lewis and Judith Scully (plaintiffs) purchased a surface estate from Cleve and Judy Overall (defendants), severing the estate. The Overalls kept title to the mineral estate. Kansas law provided that a mineral interest lapsed if left unused for 20 years, unless the owner files a statement of claim, claiming continued ownership. The law provided that failure to file a statement of claim in the 20-year timeframe “shall not cause a mineral interest to be extinguished if the owner of the mineral interest filed the statement of claim within 60 days after . . . publication of notice.” The Overalls’ mineral interest went unused for 20 years at which time the Scullys published a notice of lapse of mineral interest in the town newspaper and sent a copy of the notice to the Overalls. Two days after receiving the notice, the Overalls filed a statement of claim to the mineral estate with the Register of Deeds. The Scullys brought suit seeking to quiet title to the mineral estate. The Scullys argued that under the statute, the Overalls’ interest lapsed, and the notice that the Scullys filed was purely notice and not an opportunity for the Overalls to reclaim ownership. The trial court granted the Overalls’ motion for judgment on the pleadings. The Scullys appealed. 

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Vickers, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.