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RUPP v. RUPP

No. 38,157

170 Kan. 651 (1951)

228 P.2d 692

ALEX A. RUPP, Appellant, v. ELMER RUPP and BARBARA RUPP, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Ralph H. Noah, of Beloit, argued the cause, and Delmas L. Haney, and Benedict P. Cruise, both of Hays, were with him on the briefs for the appellant.

F.F. Wasinger, of Hays, argued the cause, and Norbert R. Dreiling, also of Hays, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action in ejectment. Judgment was rendered generally for defendants, and plaintiff appeals.

Appellant alleged in his petition that he was the owner of an undivided one-half interest in the quarter section of real estate in question; that he was a tenant in common with appellee Barbara Rupp, owner of the remaining one-half interest; and that he was entitled to possession of said real estate...

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