BARTON v. WELKER

No. 41,459

185 Kan. 294 (1959)

341 P.2d 1037

LaVERNE BARTON and DOROTHY BARTON, his wife, Appellants, v. RAY X. WELKER and MABEL D. WELKER, his wife, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1959.


Attorney(s) appearing for the Case

A. Lewis Oswald and E. Dexter Galloway, both of Hutchinson, argued the cause, and William L. Mitchell, of Hutchinson, was with them on the briefs for the appellants.

Harry H. Dunn, of Hutchinson, argued the cause, and D.C. Martindell, W.D.P. Carey, J. Richards Hunter, Edwin B. Brabets, Robert C. Martindell, William B. Swearer and Elwin F. Cabbage, all of Hutchinson, were with him on the briefs for appellees.


The opinion of the court was delivered by

PARKER, C.J.:

This appeal stems from an order of the district court where it was adjudged that appellees were entitled to a fractional portion of a maize crop.

In the interest of clarity, appellees Welker will be sometimes referred to as the lessors and appellants Barton as the lessees.

The facts leading up to this appeal will be related as briefly as the state of the record permits.

On February...

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