Supreme Court of Kansas November 8, 1941, No. 35,288 (Volker v. Crumpacker)

The opinion of the court was delivered by

Hoch. J.:

This was an action to quiet title to real estate as against a certain instrument denominated “Sale of Oil and Gas Royalty.” Plaintiff prevailed, and defendant appeals.

The question presented is whether the instrument is void under the provisions of G. S. 1935, 79-420, because not recorded within ninety days after execution or listed for taxation.