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JESBERG v. KLINGER

Nos. 41,274, 41,275

184 Kan. 519 (1959)

337 P.2d 660

EDITH ALLISON JESBERG, Appellant, v. DWIGHT D. KLINGER, Appellee. MARIANNE ALLISON METCALF, Appellant, v. DWIGHT D. KLINGER, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Glee S. Smith, of Larned, argued the cause, and Maurice A. Wildgen and Donald L. Burnett, both of Larned, and Frank E. Daily, Jr., of Coldwater, were with him on the briefs for the appellants.

E.C. Minner, of Dodge City, argued the cause, and J.V. Severe, of Ashland, and Harry A. Waite, of Dodge City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

The trial court entered its order in each of these appeals sustaining defendant's general demurrer to plaintiff's petition and plaintiffs appealed therefrom. The appeals were consolidated for appellate review and we will consider them as one.

The pertinent portions of plaintiff's petition in brief alleged that defendant at all times was a cotenant of plaintiff and an owner of minerals in place and...

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