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WOODMANCY v. BRADY

No. 39,403

176 Kan. 522 (1954)

271 P.2d 288

J.H. WOODMANCY, Appellant, v. ALVA L. BRADY, also known as A.L. BRADY; EMIL STOECKER; EMMETT ANDERSON; HERMAN J. STOECKER and LEO STOECKER, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

Jesse I. Linder, of Sharon Springs, argued the cause and was on the briefs for the appellant.

V.E. Danner, of Ellsworth, argued the cause and John V. O'Donnell, of Ellsworth, was with him on the briefs for appellee Brady; Corwin C. Spencer, of Oakley, argued the cause and was on the briefs for appellees Emil Stoecker, Emmett Anderson, Herman J. Stoecker and Leo Stoecker.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover damages alleged to have been sustained when plaintiff was allegedly unlawfully dispossessed of agricultural land. The appeal is from an order of the trial court striking allegations from the petition.

The petition alleged on September 1, 1946, defendant Brady and wife leased two quarter sections of land to one John Young for a term of years commencing March 1, 1947,...

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