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REYBURN v. CHRISTMAN

No. 39,066

174 Kan. 187 (1953)

254 P.2d 837

CATHERINE ALEPH CHRISTMAN REYBURN, et al., Appellees, v. GEORGE FABRIQUE CHRISTMAN, Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1953.

Attorney(s) appearing for the Case

H.W. Goodwin and L.M. Kagey, both of Wichita, argued the cause and M.L. Hamilton, of Wichita, was with them on the briefs for the appellant.

P.J. Warnick, of Wichita, argued the cause, and Henry E. Martz, Alan B. Phares, Clyde M. Simon, and Fred J. Gasser, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action by tenants in common for the partition of certain real property. The appeal is from an order of the court refusing to direct the commissioners to set off certain property to defendant and from an order overruling defendant's exceptions to the report of the commissioners. The facts, not in controversy, may be stated briefly as follows: A.J. Christman, an early settler and longtime resident...

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