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CORNELL UNIVERSITY v. HOWARD

No. 38,153

170 Kan. 633 (1951)

228 P.2d 680

CORNELL UNIVERSITY, Appellant, v. ROBERT P. HOWARD and ELEANOR HOWARD, his wife, KATHERINE ROACH JACKSON and WINFIELD H. JACKSON, her husband, ROSALIE ROACH YOUNGBURG, and PAUL F. YOUNGBURG, her husband, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Donald C. Martindell, and William D.P. Carey, both of Hutchinson, argued the cause, and Wesley E. Brown, Edwin B. Brabets, Robert J. Gilliland, John F. Hayes, C. William Miller and Robert C. Martindell, all of Hutchinson, were with them on the briefs for the appellant.

Roland H. Tate, of Garden City, argued the cause, and J.H. Jenson, James S. Jenson, and Corwin C. Spencer, all of Oakley, and Logan N. Green and Daniel R. Hopkins, of Garden City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This was an action to set aside a deed, to quiet title to real estate, for ejectment, and for an accounting for rents and profits. After joinder of issues the defendants moved for judgment on the pleadings. The appeal is from a judgment sustaining that motion.

The petition includes a first cause of action, a second cause of action, and a prayer for all...

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