OETKEN v. SHELL

No. 37,669

168 Kan. 244 (1949)

212 P.2d 329

BEN OETKEN, Appellee, v. G.W. SHELL and JACK SHELL, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1949.


Attorney(s) appearing for the Case

Wm. Easton Hutchison, C.E. Vance, Clifford R. Hope and A.M. Fleming, all of Garden City, John A. Etling and W.N. Beezley, both of Kinsley, were on the briefs for the appellants.

Logan N. Green, Roland H. Tate and Daniel R. Hopkins, all of Garden City, were on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This is an action to compel the conveyance of real estate on the theory the record title thereto had been acquired by defendants under a trust arising by implication of law. The plaintiff prevailed and the defendants appeal.

For a proper understanding of the issues involved it will be necessary to make brief reference to the pleadings.

In substance...

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