Ohio Oil Co. v. Shaffer

97 P.2d 99, 150 Kan. 773, 1939 Kan. LEXIS 205
Supreme Court of Kansas·Decided December 9, 1939·No. No. 34,406·Published·Cited by 1 cases

Opinions

The opinion of the court was delivered by

Smith, J.:

This was an action to enjoin the holder of an oil and gas lease from drilling on land and to quiet title of plaintiff to this lease. Judgment was for the defendants, overruling a demurrer of [774] plaintiff to the answer and cross petition of defendant Shaffer. Plaintiff appeals.

After allegations as to the corporate existence of plaintiff, the petition alleged that on and for many years prior to June 25, 1934, W. M. Hill was the owner in fee simple of lots 8 and H-8, in section 18, township 24 south, range 4 west, Reno county, Kansas; that on June 25, 1934, Hill, a single man, gave an oil and gas lease on lots 8 and H-8 to Charles M. Coats, which lease was for a term of five years; that through assignments, which are not questioned, the plaintiff became the owner of this lease; that lots 8 and H-8 formerly bordered the Arkansas river, but that prior to June 25, 1934, there had been added to these lots by accretion about 12.5 acres of land; that by the terms of the Ohio lease any accretions to lots 8 and H-8 were included in this lease; that sometime prior to June 25, 1934, Hill, with others, gave defendant Shaffer an oil and gas lease covering the 12.5 acres of accreted land just mentioned; that Shaffer entered upon this accreted land and was drilling an oil and gas well in direct violation of the lease of plaintiff.

The prayer of the petition was that Shaffer be enjoined from drilling the well in question and that the title of plaintiff to the lease be quieted.

Defendant Shaffer, in his answer and cross petition, admitted W. M. Hill was the owner in fee of the land in question bordering the Arkansas river which, with other lands, were contained in the oil and gas lease held by plaintiff; that prior to that date about 12.5 acres of land had accreted to lot H-8; that on May 8, 1937, Hill leased this 12.5 acres of land to defendant Shaffer and by virtue of that lease Shaffer was drilling a well on this land; that the drilling operations of defendant were not in violation of the lease of plaintiff, because that lease did not cover any accretions and specifically did not cover the 12.5 acres of accreted land adjacent to lot H-8, and the plaintiff had no interest in the oil and gas underlying this approximately 12.5 acres. The answer and cross petition further alleged that prior to November, 1913, one W. M. Hill owned the real estate in question, a part of which was described as lots 4 and 8 in section 18, township 24, range 4, which adjoined the Arkansas river, a navigable stream; the westerly line was meandered along the river by the United States government prior to 1891; that on the government survey these lots were designated as lots 4 and 8, containing 89-6 acres; that he also owned the accretions thereto; [775] that in 1913 the legislature of the state of Kansas passed a law providing for the survey of land bordering on navigable streams (Laws 1913, ch. 295); that pursuant thereto; on November 7, 1913, the county commissioners' of Reno county, Kansas, ordered the land along the Arkansas river surveyed by the county surveyor; that, carrying out this order, G. L. McLane, county surveyor of Reno county, surveyed the land in question, made a plat of the survey, and certified and recorded it on page 33 of the Accretions Survey Book; that this plat was designated a plat of section 18, township 24, range 4; that it delineated specifically the boundary lines of and showed four lots in section 18, township 24, range 4, designated and containing acreage as follows:

“Lot 4, containing 57.6 acres.
Lot 8, containing 30.5 acres.
Lot D-4, containing 14.3 acres.
Lot H-8, containing 7.17 acres.”

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Ohio Oil Co. v. Shaffer, 97 P.2d 99, 150 Kan. 773, 1939 Kan. LEXIS 205 (kan 1939).

97 P.2d 99 (Ohio Oil Co. v. Shaffer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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