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KEITH v. WRIGHT

No. 38,902

174 Kan. 344 (1953)

256 P.2d 117

WILLIAM KEITH and ESTHER MARTIN, Appellants, v. HELEN S. WRIGHT, as widow and only surviving heir of Monroe E. Wright, Deceased; HELEN S. WRIGHT, as Administratrix of the Estate of Monroe E. Wright, Deceased; A.J. HOBBS and RACHEL L. HOBBS, his wife, and H.W. LEWIS; and in the alternative, if the above-named defendants, or any of them be deceased, then the unknown heirs, executors, administrators, devisees, trustees and assigns, of such of said defendants as may be deceased, Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1953.

Attorney(s) appearing for the Case

Harold H. Malone, of Wichita, argued the cause, and William Keith, of Wichita, was with him on the briefs for the appellants.

John C. Castor, of Wichita, argued the cause, and J. Paul Jorgensen, of Wichita, was with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This action was commenced on October 25, 1948, by the plaintiffs, to quiet their title to real estate in the city of Wichita. At an undisclosed date, Helen S. Wright as an individual and as the administratrix of the estate of Monroe E. Wright answered denying plaintiffs' right to relief and filed a cross petition seeking partition of the real estate, to which the plaintiffs filed a reply and answer raising...

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