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BRACK v. McDOWELL

No. 40,766

182 Kan. 368 (1958)

320 P.2d 1056

SAM H. BRACK, Appellee, v. WILLIAM McDOWELL, et al., Appellees, and LYMAN J. BISHOP, RUBY BISHOP ROSIER, LAWRENCE L. BISHOP, HELEN BISHOP BEASLY, DON L. BISHOP, MAXINE BISHOP RAMSEY and HARRY C. KULLMAN, Appellants.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

Glenn J. Shanahan, of Wichita, argued the cause, and Dale M. Bryant, Morris H. Oundiff, Garner E. Shriver, Donald E. Lambdin and Orlin L. Wagner, all of Wichita, were with him on the briefs for appellants.

J.B. McKay, of El Dorado, and Robert Martin, of Wichita, argued the cause, and George B. Collins, Oliver H. Hughes, K.W. Pringle, Jr., William F. Schell, Thomas M. Burns and George R. Docking, all of Wichita, and James B. McKay, Jr., of El Dorado, were with them on the briefs for appellees Sam H. Brack, Earl E. Strimple and Ann Davis Strimple.

The opinion of the court was delivered by

FATZER, J.:

This was an action by Sam H. Brack to quiet title to the mineral interest in real estate in Butler County, Kansas, and to cancel an oil and gas lease and various assignments of oil and gas interests, or in the alternative, for a partition of the mineral interest. The lessee disclaimed any interest in the property, and the owners in fee of the "surface" of the real estate, Earl E. Strimple and Ann Davis...

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