Ash Grove Lime & Portland Cement Co. v. Chanute Brick & Tile Co.

Citations

• 100 Kan. 547
• 164 P. 1087
• 1917 Kan. LEXIS 371

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mineral Lease — Expiration—Extension on Condition — Evidence of Extension. Where a mineral lease, by its terms, expires within a definite period unless oil or gas is discovered, in which event it is to be extended so long as either can be produced in paying quantities, the fact that after the expiration of the period named the lessor executed a deed purporting to be subject to the lease, and the lease itself was assigned, constitutes no evidence, in an action for rent, of the extension of the life of the lease.</p> <p>2. Same — Still of Record — Evidence of Extension of Lease. The fact that such a lease has not been released of record is no evidence of its being still in force, the matter not being affected by the statute requiring the lessee to discharge an oil and gas lease that has become forfeited.</p> <p>3. Same — Possession of Lease — Evidence. The execution of an ordinary oil and gas lease creates no presumption of subsequent possession by the lessee. '</p>