SHELTON v. SIMPSON

No. 41,203

184 Kan. 270 (1959)

336 P.2d 159

HARRY SHELTON and LOUISE SHELTON, Appellants, v. B.W. SIMPSON and ELSIE P. SIMPSON, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1959.


Attorney(s) appearing for the Case

F.H. Dillenback, of Troy, and Maurice Pope, of St. Joseph, Missouri, were on the briefs for appellants.

Robert A. Reeder, of Troy, argued the cause, and George T. Van Bebber, of Troy, was with him on the briefs for appellees.


The opinion of the court was delivered by

FATZER, J.:

In this action plaintiffs sought to enjoin the defendants from using a roadway across their land. A jury was waived and trial was by the court. Extensive and detailed findings of fact together with conclusions of law were made by the trial court and judgment was entered for the defendants under the principle of equitable estoppel in that plaintiffs were estopped...

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