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GILLET v. POWELL

No. 38,827

174 Kan. 88 (1953)

254 P.2d 258

ROY GILLET et al., Appellees, v. JACK POWELL et al., Appellants.

Supreme Court of Kansas.

Opinion filed March 7, 1953.

Attorney(s) appearing for the Case

David W. Wheeler, and Edwin G. Westerhaus, both of Marion, argued the cause and were on the briefs for the appellants.

D.M. Ward and Charles W. Ward, both of Peabody, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to partition mineral interests in place. Judgment was for plaintiffs. Defendants have appealed.

After identifying the parties, the petition alleged that all parties were the owners of all or most all of the oil, coal and other mineral rights and royalty interests under a described quarter section. The petition set out the means by which the various parties acquired the interests...

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