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Property Keyed to Sprankling
Luthi v. Evans
Citation:576 P.2d 1064 (Kan. 1978)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On February 1, 1971, Grace Owens assigned to Defendant International Tours, Inc. (Tours) her interests in a number of oil and gas leases. In the first paragraph of the assignment, seven oil and gas leases were specifically described. In the second paragraph of the assignment, there is a general description which expressed that Owens intended to convey “all working interests… in all Oil and Gas Leases in Coffey County… owned by them.” In addition to the seven leases specifically described in the first paragraph, Owens also owned the Kufahl lease. The Kufahl lease was not specifically described in the assignment. On January 30, 1975, Owens executed a second assignment of her interest in the Kufahl lease to Defendant J. R. Burris. Burris personally checked the records in the office of the register of deeds and secured an abstract of title to the Kufahl lease. The controversy between Tours and Burris is over ownership of the Kufahl lease. Tours claimed that the general description in paragraph 2 of the 1971 assignment conveyed the Kufahl lease to Tours. Burris contended that the general language in the second paragraph was not sufficient to give constructive notice to an innocent subsequent purchaser.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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