Compton v. People's Gas Co.

Citations

• 75 Kan. 572
• 89 P. 1039
• 1907 Kan. LEXIS 104

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Corporations — Creation — Purposes. The language of the' twenty-third clause of section 1249 of the General Statutes of , 1901, enumerating some of the purposes for which corporations may be formed, is broad enough to authorize the creation of corporations for the purpose of supplying natural gas to the public.</p> <p>2. Homesteads — Occupation by Widow and, Children — Lease-Executed by Widow. Ah oil-and-gas lease upon lands of which a -widow owns an undivided one-half' and the other half belongs to the children, and a part thereof is occupied by the-family as a homestead, is not void because executed by the-widow ajone. It conveys her individual interest in the oil- and-gas privileges, subject to the rights of those occupying-the premises as a homestead.</p> <p>3. - Subsequent Lease Executed by the Other Tenants in. Common. Á subsequent oil-and-gas lease of the sanie lands to» a third party, executed by the children after the youngest, child has reached majority, conveys the undivided interest of the children in the oil-and-gas privileges. Each lessee is entitled to the possession of the premises for the purposes of mining for oil and gas, but neither is entitled to the exclusive-possession.</p> <p>4. Estoppel — Conflicting Leases — Second Lease Taken with-Notice of the First. Where an oil-and-gas lease has been accepted by the lessee, and valuable improvements made thereunder, and the lessor has accepted the benefits and consideration, one who acquires a subsequent lease with riótice of the facts arid of the terms arid conditions of the former takes subject thereto, and cannot be permitted to question the validity of the former on the ground that it lacks mutuality or that it has been revoked by the giving of the subsequent one.</p>