MID AMERICAN OIL CO. v. WINDUS

No. 39,839

178 Kan. 499 (1955)

290 P.2d 102

MID AMERICAN OIL COMPANY, a Corporation, Appellant, v. JOHN F. WINDUS and BETTIE WINDUS, his wife; ARTHUR E. WINDUS and ANNA E. WINDUS, his wife; JESSE D. GROVE and KATIE MAE GROVE, his wife; JOE E. DENHAM; STANLEY MARSH, JR.; C. RICHARD WAGNER; H.D. RUPP; CHARLES C. THEIS; THE ROCK HILL OIL COMPANY; PANOMA CORPORATION; SHAMROCK OIL AND GAS CORPORATION; the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of such of the defendants as may be deceased; the unknown spouses of the defendants; the unknown officers, successors, trustees, creditors and assigns of such defendants as are existing, dissolved or dormant corporations; the unknown executors, administrators, trustees, creditors, successors and assigns of such of the defendants as are or were partners or in partnership; and the unknown guardians and trustees of such of the defendants as are minors or are in anywise under legal disability, Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1955.


Attorney(s) appearing for the Case

Harold S. Herd, of Coldwater, argued the cause and was on the briefs for the appellant.

Charles Vance, of Liberal, argued the cause and J.T. Botts, of Coldwater, and H. Hobble, Jr. and Chester A. Nordling, both of Liberal, were with him on the briefs for the appellees.


The opinion of the court was delivered by

SMITH, J.:

This was an action to quiet the title to real estate. The appeal is from an order of the district court sustaining the demurrer of three of the defendants to plaintiff's evidence.

The action was against several defendants. The amended petition alleged plaintiff was the actual owner of and in quiet and peaceful possession of the described real estate; that the defendants claimed

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