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FAIDLEY v. EMRICH

No. 37,871

169 Kan. 233 (1950)

218 P.2d 178

JAMES B. FAIDLEY, Appellee, v. W.C. EMRICH and EDNA P. EMRICH, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed May 6, 1950.

Attorney(s) appearing for the Case

Cloyd Pugh, of Minneapolis, argued the cause, and was on the briefs for the appellants.

L.A. McNalley, of Minneapolis, argued the cause, and Evan Corman, of Minneapolis, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an action to quiet title to a mineral interest. Judgment was for the plaintiff. Defendants have appealed.

The amended petition alleged the ownership by plaintiff of a described quarter section; that defendants claimed some title to it, which was inferior to the plaintiff's title; that W.C. Emrich claimed some interest in it because of a mineral deed duly recorded, such deed having been executed...

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