BENSON v. WILEY

No. 40,782

182 Kan. 403 (1958)

320 P.2d 827

WILLIAM K. BENSON and VIRGINIA HAUGHT, Appellants, v. BERNICE BENSON WILEY and GEORGE J. BENSON, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 25, 1958.


Attorney(s) appearing for the Case

M.D. Bartlow, of Topeka, argued the cause, and was on the briefs for appellants.

L.J. Bond and F.J. Leasure, of El Dorado, argued the cause, and George J. Benson, of El Dorado, was with them on the briefs for appellees.


The opinion of the court was delivered by

FATZER, J.:

This was an action to partition real estate and to account for rents and profits. Trial was by the court, which rendered judgment for the defendants (appellees) and assessed the costs of the action against the plaintiffs (appellants). Following the overruling of their motion for a new trial the plaintiffs have appealed.

At the outset, our jurisdiction to hear this appeal is challenged. Following...

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