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HEIER v. HEIER

No. 40,136

179 Kan. 758 (1956)

298 P.2d 296

MARGARET HEIER; JACOB J. HEIER; MARTHA HEIER, a Minor, by MARGARET HEIER, Her Natural and Legal Guardian; PETER ZERR; EDGAR M. ZERR, a Minor, ANGELINE H. ZERR, a Minor, DANIEL J. ZERR, a Minor, HENRY V. ZERR, a Minor, by PETER ZERR, Their Natural and Legal Guardian; EMMA ZERR, also known as EMMA A.N. ZERR; GENEVIEVE ZIEGLER; and ROSALIE KRAFT, Appellants, v. PETER HEIER, JACOB HEIER, LUDWIG HEIER, LEO T. HEIER, and PETER HEIER, Executor of the Estate of Cecilia Heier, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Marion W. Chipman, of Hill City, argued the cause, and W.H. Clark and Kenneth Clark, both of Hill City, were with him on the briefs for the appellants.

Alex M. Fromme, of Hoxie, argued the cause, and Joseph W. Fromme, of Hoxie, was with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This appeal is from an order overruling a motion by appellants (plaintiffs below) for judgment on the pleadings and stipulation in an action wherein a partition of real estate and an accounting of rents, profits and income therefrom are sought.

We are first confronted with a question as to whether the order is such a final order, or is tantamount to a ruling...

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