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RATHBUN v. HILL

No. 41,936

187 Kan. 130 (1960)

354 P.2d 338

LULU L. RATHBUN, CLEO R. RATHBUN, GLEN R. RATHBUN, BOBBY DALE RATHBUN, JACK C. RATHBUN, and RUBY F. MORGANFIELD, Appellants, v. HELEN DALE HILL, otherwise known as Helen D. Hill and formerly Helen Dale Rathbun and her husband, R.C. HILL; ANNA MIDDLESWART, otherwise known as Anna J. Middleswart; and ANNA JUANITA MIDDLESWART, formerly Anna Juanita Rathbun, an unmarried woman, Appellees.

Supreme Court of Kansas.

Opinion filed July 22, 1960.

Attorney(s) appearing for the Case

Lee Hornbaker, of Junction City, and George D. Miner, of Ellsworth, argued the cause, and Paul L. Aylward, of Ellsworth, was with them on the briefs for the appellants.

John V. O'Donnell, of Ellsworth, argued the cause, and Sidney J. Brick, Fred A. Beaty, W.A. Bonwell, Jr., Yale W. Gifford, and Richard Rumsey, all of Wichita, and V.E. Danner, of Ellsworth, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the judgment of the trial court quieting title in the defendants to a certain section 31 of land in Ellsworth county (hereafter more fully described), barring plaintiffs from claiming ownership of such land, and overruling plaintiff's motion for new trial.

In an effort to make clear how the present parties are related to George R. Rathbun, testator, and the provisions of his...

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