CHINN v. STRAIT

No. 38,729

173 Kan. 625 (1952)

250 P.2d 806

A.B. CHINN, Appellee, v. SYLVIA STRAIT and MARVIN STRAIT, Appellants.

Supreme Court of Kansas.

Opinion filed December 6, 1952.


Attorney(s) appearing for the Case

Riley W. MacGregor, of Medicine Lodge, argued the cause, and Vernon F. Coss and John W. MacGregor, both of Medicine Lodge, were with him on the briefs for the appellants.

Richard Barrett, of Pratt, argued the cause, and George Barrett, of Pratt, was with him on the briefs for the appellee.


The opinion of the court was delivered by

THIELE, J.:

This was an action to enjoin obstruction of a claimed easement.

In his petition, filed September 4, 1951, the plaintiff alleged that the defendants were the owners of the west half of the west half of sec. 30, twp. 29, s. of rg. 14 w., and that plaintiff and his predecessors were and are the owners of the southeast quarter of sec. 25, twp. 29 s. of rg. 15 w. (which is immediately to the west of...

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