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DAILEY v. JOSLIN

No. 38,293

172 Kan. 199 (1952)

240 P.2d 471

T.E. DAILEY, Appellant, v. H.V. JOSLIN and SENORA W. JOSLIN, his wife; THE FIRST NATIONAL BANK OF SEDAN, KANSAS, a Corporation, and THE SINCLAIR PRAIRIE OIL COMPANY, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

John F. O'Brien, of Independence, argued the cause, and Robert S. Stuart, of Pawhuska, Okla., John M. Wall, of Sedan, and O.L. O'Brien, of Independence, were with him on the briefs for the appellant.

Wm. E. Cunningham, of Arkansas City, argued the cause, and W.L. Cunningham, D. Arthur Walker, and William R. Howard, all of Arkansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to quiet title to an oil and gas lease, to determine the equities of the parties thereto, for costs and such other relief as to the court may seem just and equitable. A trial to the court resulted in judgment for defendants. Plaintiff has appealed.

In the petition, filed July 16, 1947, plaintiff's address was given as Omaha, Nebraska, and that of defendants as Peru, Kansas....

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