B & S ENTERPRISES v. RUDD

No. 40,854

182 Kan. 710 (1958)

324 P.2d 515

B & S ENTERPRISES, INC., Appellant, v. SAM E. RUDD, ELENORE RUDD, LEONARD A. LEVAND and CELIA LEVAND, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1958.


Attorney(s) appearing for the Case

W.A. Kahrs, of Wichita, argued the cause, and Robert H. Nelson and Patrick F. Kelly, both of Wichita, were with him on the briefs for the appellant.

H.E. Jones and Richard Jones, both of Wichita, argued the cause, and A.W. Hershberger, Wm. P. Thompson, Jerome E. Jones, and William E. Palmer, all of Wichita, were with them on the briefs for the appellees.


The opinion of the court was delivered by

PARKER, C.J.:

This was an action for the partition of real property owned by tenants in common. The appeal is from an order overruling plaintiff's exceptions to the report of the commissioners; the approval of that report, wherein the real estate was partitioned among the respective owners in kind; and that part of the judgment partitioning and assigning such real estate to the parties in conformance with such report...

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