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MAUNE v. LANDOWNERS OIL ASS'N.

No. 37,931

170 Kan. 18 (1950)

223 P.2d 1001

CHARLIE MAUNE and EDITH M. MAUNE, Appellants, v. LANDOWNERS OIL ASSOCIATION, a Corporation; SINCLAIR PRAIRIE OIL COMPANY, a Corporation, and THE NATIONAL COOPERATIVE REFINING ASSOCIATION, Appellees.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

Mark H. Adams, of Wichita, argued the cause, and Russell Moore, William I. Robinson, J. Ashford Manka and Addison I. West, all of Wichita, were with him on the briefs for the appellants.

E.H. Hatcher, of Topeka, argued the cause, William F. Pielsticker, of Wichita, Ralph W. Garrett and Cecil R. Buckles, both of Tulsa, Okla., William Easton Hutchison, C.E. Vance, Clifford R. Hope and A.M. Fleming, all of Garden City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to set aside an instrument called an "Oil and Gas Conveyance" and to quiet title to real estate. Defendants' demurrer to the plaintiffs' second amended petition was sustained. Plaintiffs have appealed.

After the formal allegations, the second amended petition alleged that on January 24, 1933, plaintiffs owned in fee simple a described quarter section and on that date executed an...

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