Caylor v. Bankers Oil Co.

Citations

• 110 Kan. 224
• 203 P. 735
• 1922 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cancellation op Oil and Gas Lease — Lease Terminated — Rejusal to Re- . lease of Record — Damages—Attorney Fee. Plaintiffs leased two tracts of land for gas and oil production for a term of one year and as much longer as gas or oil should be found in paying quantities. A “dry well” was drilled in one tract and that tract was re-ceded to plaintiffs. On the other tract a gas well was drilled and it produced profitably for some years. After it ceased to produce, plaintiffs made written demand upon the leaseholder to release it of record. The leaseholder refused. Held, that judgment of cancellation, and for statutory damages and attorney’s fees, was properly decreed in plaintiffs’ favor.</p> <p>2. Same — Lease Terminated — Duty of Assignee to Clear the Record. Where an oil and gas lease was for a term dependent upon future contingencies and not for a definite term ascertainable from a mere inspection of the record, and such lease was recorded, the admitted assignee of such lease has the duty of clearing the record when the contingencies transpire which operate to terminate or forfeit the lease; and this duty may not be avoided because the assignment was not likewise recorded.</p>