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HANS v. GREAT BEND BRICK & TILE CO.

No. 38,462

172 Kan. 478 (1952)

241 P.2d 475

FRED L. HANS, Administrator of Estate of Louis Trester, Deceased, Appellee, v. GREAT BEND BRICK & TILE COMPANY, Appellee, EDWIN N. CARLSON, Appellant, JAMES A. CASSLER, Appellant, PAUL LACKIE, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

Barton Carothers, of Great Bend, and James A. Cassler, Paul Lackie, and Charles D. Johnson, all of McPherson, were on the briefs for the appellants.

Herbert Diets and Boyce P. Hardman, both of Great Bend, were on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

On December 22, 1948, Louis Trester brought this action in the district court of Barton county for the determination of the rights of the parties under an instrument entitled "Sale of Oil and Gas Royalty" and to have it decreed that the contesting defendants (now appellants) had no title or interest to certain clay deposits on the land in question. A trial by...

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