Arnold v. Garnett Light & Fuel Co.

Citations

• 103 Kan. 477
• 174 P. 1027
• 1918 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Gas Lease — Separation of Gas Rights and Oil Rights — Escaping Gas through Oil Well — Injunction Refused. Where parties holding under a gas and oil lease have separated the gas rights from the oil rights, one taking the gas and the other the oil, and have contracted that each shall interfere as little as practical with the interests of the other, the owner of a well which produces both gas and oil should not be enjoined at the suit of the-other party from permitting the gas to escape from the well, if the oil cannot be produced without so doing.</p> <p>2. Same. Stipulations in a contract separating the gas and oil rights under a gas and oil lease should not be enforced by injunction in violation of the rights of the landowner.</p> <p>3. Waste op' Gas — Statutory Provision — Action to Enjoin — Proper Party Plaintiff. Where individual property rights are not involved, actions to enforce the statute concerning.the waste of gas (Gen. Stat. 1915, § 4970) must be prosecuted in the name of the state by the proper public officers.</p>