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HURLEY v. PAINTER

No. 40,860

182 Kan. 731 (1958)

324 P.2d 142

JOSEPH HURLEY and HENRY J. ZIEMBA, Appellants, v. J.H. PAINTER, et al., Defendants; EMMETT FARRELL, Appellee.

Supreme Court of Kansas.

Opinion filed April 12, 1958.

Attorney(s) appearing for the Case

William H. Stowell, of Phillipsburg, argued the cause, and Doris Dixon Stowell, also of Phillipsburg, was with him on the briefs for the appellants.

A.W. Relihan, T.D. Relihan and Terry E. Relihan, of Smith Center, were on the briefs for appellee Emmett Farrell.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for ejectment, quiet title, accounting and partition. Judgment was for the defendant Emmett Farrell; and plaintiffs, Joseph Hurley and Henry J. Ziemba, appeal. The case is here a second time. In the first appeal, the order of the trial court sustaining a demurrer to defendant Farrell's evidence was reversed and the case was returned for a new...

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