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HANSCOME v. COPPINGER

No. 41,065

183 Kan. 623 (1958)

331 P.2d 590

CLARA B. HANSCOME, Appellee, v. W.J. COPPINGER, WALTER T. MAHONEY, GEORGE E. ALLEN, BYRON A. CAIN, WILLIAM J. FROELIK, MARGARET T. SINEK; the Unknown Spouses and Assigns of Said Persons; and If Any of Said Persons Be Deceased, the Unknown Heirs, Executors, Administrators, Devisees, Legatees, Trustees and Creditors of Any Such Decedents, Appellants.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

A.D. Weiskirch, of Wichita, argued the cause, and Manford Holly, of Wichita, was with him on the briefs for the appellants.

Roy C. Davis, of Hutchinson, argued the cause, and Frank S. Hodge, Eugene A. White, Robert Y. Jones, and H. Newlin Reynolds, all of Hutchinson, were with him on the brief for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

Plaintiff, the owner of a certain described quarter section of land in Kingman County brought this action to cancel an oil and gas lease granted to defendant Coppinger and to quiet title against Coppinger and the other defendants. Plaintiff would, as will hereinafter appear, except from the judgment a ten acre square around a producing gas well.

The lease involved was written on the usual 88 Producer...

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