CROASDALE v. BUTELL

No. 39,603

177 Kan. 487 (1955)

280 P.2d 593

ROSA L. CROASDALE, Appellee, v. C.B. BUTELL and ERWIN SCHOEPFLIN, individually and as co-partners doing business as "Osage Farm," Appellants.

Supreme Court of Kansas.

Opinion filed March 5, 1955.


Attorney(s) appearing for the Case

John J. Riling, of Lawrence, was on the briefs for the appellants.

Willard B. Rogers, Joseph H. Foth, and J. Richard Foth, all of Topeka, were on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This action was instituted by the plaintiff, who is conceded to have a life estate interest in the real estate involved, to recover treble damages, pursuant to G.S. 1949, 21-2435, from the two persons named as defendants, for the unauthorized cutting and converting of grass. Separate demurrers to the petition, each based on grounds (1) plaintiff had no legal capacity to sue and (2)

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