Joplin-Erie Oil Co. v. Buckwalter

Citations

• 110 Kan. 756
• 205 P. 343
• 1922 Kan. LEXIS 144

Syllabus

<p>SYLLABUS BY THB COURT.</p> <p>1. Quieting Title — Oil and Gas Lease — Mutual Mistake in Description of Land — Injunction. In an action to quiet title to an oil and. gas lease and to enjoin the owner of the land from interfering with plaintiff’s operations under the lease, the defense was that the lease had been fraudulently altered by the lessee. It was shown that in the description of the land there was an omission in the numbers of the section, township and range. Held, the evidence was sufficient to sustain a general finding to the effect that the omission was by the mutual mistake of the parties who understood at all times just what land was embraced in the lease.</p> <p>2. Same — Alteration of Lease Without Fraudulent Intent — Equitable Jurisdiction. The alteration being without fraudulent intent and merely expressing what otherwise would be supplied by intendment, a court of equity has jurisdiction to restore the instrument and enforce its original terms.</p> <p>3. Same. There was evidence sufficient to sustain a judgment in favor of plaintiff on the question of mistake, the intent with which the alteration was made, and to establish grounds for an injunction because of unjustifiable interference by defendant with plaintiff’s operations under the lease.</p>