(Download) "Smith v. Holmes" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Holmes
- Author : Supreme Court of Kansas
- Release Date : January 08, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This appeal involves the validity of a mineral lease entered
into April 22, 1946, granting appellant lessee the right to
quarry rock and other minerals for a primary term of five years
"and as long thereafter as production is had" from land owned by
appellees who claimed the lease had expired because of
nonproduction following the expiration of the primary term. On April 5, 1955, the State Highway Commission of Kansas
instituted eminent domain proceedings to condemn the land
described in the mineral lease. Those proceedings are in nowise
involved, and pursuant to the award of the appraisers the
condemner deposited with the clerk of the district court the sum
of $10,938 as damages and compensation for the land taken.
Neither the landowners nor the condemner appealed from the award,
but the lessee, who claimed an interest in the land appropriated
under the mineral lease, perfected his appeal to the district
court. Thereafter, the landowners filed their motion to withdraw
the total award, to which the lessee filed an answer alleging
that the land taken was subject to the terms of the mineral lease
and that he was entitled to share in the proceeds of the award.
In their reply the landowners denied the validity of the mineral
lease and alleged it had expired by reason of nonproduction. With
the issues thus framed trial was had by the court. Judgment was
rendered in favor of the landowners upon the finding that the
mineral lease had expired by reason of nonproduction following
the expiration of the primary term; the mineral lease was ordered
canceled, and full payment of the award was directed to be made
to the landowners. Following the overruling of his motion for a
new trial, the lessee appealed.
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