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STRAIT v. FULLER

No. 41,174

184 Kan. 120 (1959)

334 P.2d 385

F.W. STRAIT, Appellee, and Cross-Appellant, v. PERRY FULLER, AXEL A. LINN, W.S. NORRIS, and J. HERB WILSON, Appellants; B.B. GAGE, NORMAN COLEMAN McCUBBIN and LUCILLE McCUBBIN, DELBERT MILLER and CHARLOTTE M. MILLER, L.E. HAUGHEY, E.R. GELVIN, RAY REAGLE, CARL H. RUFF, Defendants.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

W.S. Norris, of Salina, argued the cause, and was on the brief pro se and for appellants A.A. Linn and J. Herb Wilson.

Eugene H. Linville, of Salina, argued the cause, and Sanford Manker, of Salina, was with him on the brief for appellant Perry Fuller.

J.B. McKay, of ElDorado, argued the cause, and James B. McKay, Jr., of El Dorado, was with him on the brief for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

This was a suit to partition an oil and gas leasehold estate described in the petition. After motions to make the petition more definite and certain had been disposed of, some of the defendants filed demurrers to the amended petition. The demurrers raised the sole question that the amended petition did not state facts sufficient to constitute a cause of action in favor of the plaintiff. The district court...

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