Beardsley v. Kansas Natural Gas Co.

Citations

• 78 Kan. 571
• 96 P. 859
• 1908 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Jurisdiction—Amount in Controversy. The statute limiting the right of review in this court to civil actions where the amount in controversy exceeds the sum of one hundred dollars was repealed by chapter 256 of the Laws of 1907, and that limitation now applies only to civil actions for the recovery of money.</p> <p>2. -• Transcript of Record — Case-made—Certification. A certificate to a transcript of the record by the clerk of the district court, or a certificate by the district judge to a case-made, will be deemed sufficient if it be in the form prescribed by the rules of this court.</p> <p>3. Partition — Parties. In a suit by the lessees in an oil-and-gas lease for a partition of their interests thereunder, the lessors are not necessary parties.</p> <p>■4. - Statutory Provisions Apply only to Real Estate. The provisions of the statute relating to partition apply to real estate only.</p> <p>5. Title and Ownership — Mineral Lease — License. An ordinary oil-and-gas lease does not convey an interest in real estate, or any present title to the oil and gas which may be in the leased premises; it merely grants the privilege of exploring for gas and oil, and the right to sever the same, if found.</p> <p>6. Petition — Partition of Personal Property. A petition in a suit for the partition of property other than real estate will be deemed insufficient unless it contains averments which show the condition of the property to be such that equitable intervention is necessary to preserve the property or to protect the interests of the owners thereof.</p>