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MEYER v. SCHMIDT

Nos. 41,054 and 41,162

184 Kan. 21 (1959)

334 P.2d 345

WALTER MEYER, doing business as MEYER CASING CREW, Plaintiff v. RICHARD B. SCHMIDT, et al., Defendants; C.B. MURRAY, C.L. HANES and HERBERT B. SHUMAKER, Appellees; HELEN L. VANCE and UNION NATIONAL BANK in Kansas City, Missouri, nonresident, ancillary co-executors of the Estate of W. Harry Vance, also known as William Harry Vance, Deceased, Appellants.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Russell, argued the cause, and Oscar Ostrum, of Russell, was with him on the briefs for the appellants.

Clifford R. Holland, Jr., of Russell, argued the cause, and Marvin E. Thompson and George W. Holland, both of Russell, were with him on the brief for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

These are two appeals from one case in the court below.

The proceeding in district court involved the settlement of the claims and mechanics' liens growing out of the drilling of an oil well — an oil well which came in as a dry hole.

The well was begun by defendant Richard B. Schmidt, but he stopped his work and joined the armed forces before the well was completed. There were some...

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