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WILSON v. BURGESS

No. 41,740

186 Kan. 480 (1960)

350 P.2d 776

EDMUND F. WILSON, Appellee, v. TURNER P. BURGESS and ANNA K. BURGESS, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

A. Harry Crane, of Topeka, argued the cause, and Ward D. Martin, Arthur L. Claussen, and Harvey D. Ashworth, all of Topeka, were with him on the briefs for the appellants.

Jacob A. Dickinson, of Topeka, argued the cause, and Sam A. Crow, Jack C. McCarter, Ralph E. Skoog, and Hart Workman, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

Wilson brought this suit to enjoin Burgess and wife from maintaining a continuing trespass upon plaintiff's land and prayed for damages to compensate him for the past trespass. After a trial to the court, plaintiff received a decree enjoining defendants from continuing to encroach upon plaintiff's premises and awarding plaintiff the sum of $500 for past injuries. Defendants have appealed.

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