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WAITE v. SCHMIDT

No. 38,704

173 Kan. 353 (1952)

245 P.2d 975

DELMAR C. WAITE and H. LORRAINE WAITE, his wife, Appellees, v. ROLAND E. SCHMIDT and SHIRLEY L. SCHMIDT, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

G.D. McSpadden, of Winfield, argued the cause and was on the briefs for the appellants.

George Templar, of Arkansas City, argued the cause, and Earle N. Wright, also of Arkansas City, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is an action brought by plaintiffs (appellees) Delmar C. Waite and H. Lorraine Waite, his wife, under the declaratory judgment act, G.S. 1949, 60-3127 et seq., against defendants (appellants) Roland E. Schmidt and Shirley L. Schmidt, his wife, to determine whether a deed of conveyance to certain described real estate tendered defendants conveys a fee...

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