Moore v. Griffin

Citations

• 72 Kan. 164
• 83 P. 395
• 1905 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyances — Exception in a Deed. A deed to real estate construed, and held, that a certain provision constitutes an exception and not a reservation, and that the title to the oil and gas in the land remained in the grantors.</p> <p>2. -Purchaser with Constructive Notice — Oil-and-gas Lease. The owners of lands made a lease of the oil-and-gas privileges therein. Afterward they conveyed the lands by warranty deed, excepting and reserving all rights and privileges secured to them by the lease and “all oil-and-gas privileges in and to said premises.” Their grantee conveyed by general warranty to another, without any reservation or exception. Thereafter the oil-and-gas lease was canceled by consent of the parties to the lease. All of the conveyances being of record, a subsequent purchaser of the lands, having constructive notice, took no interest in the oil and gas; and the cancelation of the lease did not extinguish the rights of the original owners nor vest the right to the oil and gas in the owner of the land at the time of such cancelation.</p>