REETZ v. SIMS

No. 39,588

177 Kan. 143 (1954)

276 P.2d 368

WILLIAM REETZ, MINNIE SCAER, PAUL REETZ and EMMA JACKSON, Appellees, v. GEORGIA SIMS, Appellee, and GARY J. ERVIN, DOUGLAS VAN ERVIN, JOLANA DEE ERVIN and the Unknown Heirs of the Body of Georgia Sims, Appellants.

Supreme Court of Kansas.

Opinion filed November 13, 1954.


Attorney(s) appearing for the Case

Frantz G. Loriaux and J. Morris Moon, Jr., both of Augusta, were on the briefs for the appellants.

R.A. Munroe, of Augusta, was on the briefs for the appellee, Georgia Sims. Fred R. Vieux, of Augusta, was on the briefs for the appellees, William Reetz, Minnie Scaer, Paul Reetz and Emma Jackson.


The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for the partition among cotenants of a described quarter section of land in Butler county. The facts were stipulated with much detail. We need state only so much of them as pertain to the legal question presented here.

Carl Reetz acquired title to the land by general warranty deed dated August 1, 1880. He died intestate September 19, 1904. He was survived by his widow, Caroline...

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