SUTTON v. FRAZIER

No. 40,870

183 Kan. 33 (1958)

325 P.2d 338

O.A. SUTTON, Appellant, v. RAY FRAZIER, JOSEPH E. NEWMAN, FRANK CONNER and DURL T. SPANGLER, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1958.


Attorney(s) appearing for the Case

Paul R. Kitch, of Wichita, argued the cause, and Homer V. Gooing, Wayne Coulson, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Theodore C. Geisert and Philip Kassebaum, all of Wichita, were with him on the briefs for appellant.

Arthur W. Skaer, of Wichita, argued the cause, and W. Getto McDonald, William Tinker, Hugh P. Quinn, William Porter, John E. Lancelot and Alvin D. Herrington, all of Wichita, were with him on the briefs for appellee, Joseph E. Newman.

George B. Collins, Oliver H. Hughes, Robert Martin, K.W. Pringle, Jr., W.F. Schell and Thomas M. Burns, all of Wichita, were on the briefs for appellee. Durl T. Spangler.

Lester L. Morris, Verne M. Laing, Ferd E. Evans, Jr., Ralph R. Brock and J. Edward Taylor, Jr. all of Wichita, for Sunflower Improvement District, as amici curiae.


The opinion of the court was delivered by

SCHROEDER, J.:

The question presented on this appeal is whether an improvement district empowered to condemn private property by G.S. 1949, 19-2765, for its lawful corporate purposes acquires the fee simple title to the land condemned, including the minerals underlying such land, in proceedings conducted pursuant to the provisions of G.S. 1949, 26-101.

Appellant, O.A. Sutton, the plaintiff below, holds oil...

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