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MARCHANT v. LAYTON

No. 38,697

173 Kan. 341 (1952)

245 P.2d 973

LLOYD MARCHANT and NELLIE MARCHANT, Appellants, v. CAROLINE M. LAYTON, Appellee.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

James A. Brady, of Cherryvale, argued the cause and was on the briefs for the appellants.

Walter L. McVey, of Independence, argued the cause, and Laurence McVey and Walter L. McVey, Jr., both of Independence, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action in which landowners in their first cause of action sought to obtain cancellation of an oil and gas lease and judgment quieting their title by reason of alleged failure to develop the lease in harmony with implied covenants to develop, for waste and failure to use reasonable diligence in the operation of the lease, for an injunction to prevent alleged waste and for an accounting of oil...

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