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PERSINGER v. MITCHELL

No. 38,954

174 Kan. 522 (1953)

256 P.2d 866

GLEN R. PERSINGER and MINNIE R. PERSINGER, Appellees, v. MELDON A. MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed May 9, 1953.

Attorney(s) appearing for the Case

William Keith, of Wichita, was on the briefs for the appellant.

E.E. Sattgast, of Wichita, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to enjoin the defendant from using a roadway across a corner of plaintiffs' real estate. Judgment was for the plaintiffs. Defendant has appealed.

The petition alleged the plaintiffs had been the owners of a described tract of real estate for four years; that defendant was the owner and lived on a tract immediately south of plaintiffs' land; that during the past two years and for...

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