ABLES v. CITY OF TOPEKA

No. 40,057

180 Kan. 204 (1956)

303 P.2d 177

EARNEST E. ABLES and FLETA L. ABLES, his wife, Appellants, v. CITY OF TOPEKA, KANSAS; GEORGE G. SCHNELLBACHER, Mayor; J. GLENN DAVIS, Finance Commissioner; LLOYD B. SMITH, Water Commissioner; C. MADISON WILLIAMS, Street Commissioner; WILLIAM R. YERKES, Park Commissioner; All in Their Respective Capacity, and NORTH TOPEKA DRAINAGE DISTRICT; KELLY LEWIS, Chairman; LEWIS PARAMORE, Member; and HOWARD T. JACKSON, Member, All in Their Respective Capacity, Appellees.

Supreme Court of Kansas.

Opinion filed November 3, 1956.


Attorney(s) appearing for the Case

Walter G. Stumbo, of Topeka, argued the cause, and Robert R. Irwin, also of Topeka, was with him on the briefs for the appellants.

Mark L. Bennett, of Topeka, argued the cause, and Harry Logan, Fred Carman, James H. Hope, John E. DuMars, and Clayton M. Davis, all of Topeka, were with him on the brief for the appellees.


The opinion of the court was delivered by

THIELE, J.:

Plaintiffs commenced an action the general purpose of which was to obtain a judgment that they were the owners of certain described real estate and that defendants had no interest therein. The separate demurrers of the defendants were sustained and in due time the plaintiffs perfected an appeal from the rulings thereon, which they specify as error.

In view of what is later said, a detailed statement...

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