Yeager v. National Cooperative Refinery Ass'n
205 Kan. 504, 470 P.2d 797, KS.0042136(1970)
Supreme Court of Kansas
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The opinion of the court was delivered by In this lawsuit, the plaintiff, M.P. Yeager, who owns an
interest in an overriding oil and gas royalty, seeks an
accounting from the defendant, National Cooperative Refinery
Association, for a share of the oil produced from the Northeast
Quarter of Section 5, Township 28 North, Range 1 East, Kay
County, Oklahoma. These parties will be referred to hereafter
either as plaintiff, or Mrs. Yeager, on the one hand and
defendant, or N.C.R.A., on the other. N.C.R.A. has filed a third
party petition against W.R. Yeager, the husband of M.P. Yeager,
who, as third party defendant, will be referred to throughout the
opinion as Yeager or Mr. Yeager. The case was tried to the court which, after making findings of
fact and conclusions of law, entered judgment in favor of Mrs.
Yeager against N.C.R.A. ordering an accounting. Judgment was also
entered in favor of Mr. Yeager and against N.C.R.A. on the
latter's third party petition. The appeal was thereupon
undertaken by N.C.R.A.