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WOOD RIVER OIL & REFINING CO. v. MADDEN

No. 37,972

169 Kan. 633 (1950)

220 P.2d 154

WOOD RIVER OIL & REFINING CO., INC., a Corporation, Appellant, v. ED F. MADDEN, MILO SIDWELL, C-G DRILLING CO., INC., a Kansas Corporation; C.F. GLEASON, ORIAN LOUIS ATHERTON, JR., and CAROLINE ATHERTON, his wife; JULIA STALLINGS and OTTO L. STALLINGS, her husband; CLAUDIA I. SANDERS and EARL SANDERS, her husband; MARY L. DUNLAP and JAMES W. DUNLAP, her husband; NELLIE CAPREAU and EDWIN CAPREAU, her husband; and the Unknown Heirs, Executors, Devisees, Trustees, Administrators and Assigns of Orian Louis Atherton, deceased; M.W. PATRICK BARKLEY and EMILY BARKLEY, his wife, Appellees.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

Mark H. Adams and William I. Robinson, both of Wichita, argued the cause, and Charles E. Jones, J. Ashford Manka, Addison I. West, and O.A. Witterman, all of Wichita, and Robert Osborn, of Stockton, were with them on the briefs for the appellant.

A.W. Hershberger and Richard Jones, both of Wichita, argued the cause, and J.B. Patterson, Wm. P. Thompson, and H. E. Jones, all of Wichita, and D.A. Hindman, of Stockton, were with them on the briefs for the appellees and cross-appellants.

Glenn V. Banker, of Russell, argued the cause, and was on the briefs for appellees M.W. Patrick Barkley and Emily Barkley.

The opinion of the court was delivered by

WERTZ, J.:

This action was instituted by appellant Wood River Oil & Refining Co., Inc., to quiet its title to an oil and gas lease covering certain described real property in Rooks County, Kansas, and to construe a will. All appellees, defendants in the original action, filed cross petitions seeking to establish interests in the property and to quiet their titles thereto...

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