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SMITH v. HARRIS

No. 40,440

181 Kan. 237 (1957)

311 P.2d 325

RAY and MARIE SMITH, Appellants and Cross-Appellees, v. CLAUD B. and LOTTIE E. HARRIS, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Herbert L. Lodge, of Olathe, argued the cause; Howard E. Payne, of Olathe, Seth S. Lacy and J.M. Loomis, both of Kansas City, Missouri, were with him on the briefs for appellants.

John Anderson, Jr., of Olathe, argued the cause; James B. Pearson and John C. Gage, both of Mission, were with him on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is the second appearance of this action in this court. (See Smith v. Harris, 178 Kan. 183, 284 P.2d 611.)

This action arose over a driveway easement dispute in which the plaintiffs below, owners of the dominant estate, sought to enjoin the defendants, owners of the servient estate, from interfering with their use...

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