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DENNIS v. SMITH

No. 41,496

186 Kan. 539 (1960)

352 P.2d 405

S. EVERETT DENNIS and NINA E. DENNIS, Appellees, v. CARL S. SMITH and JUANITA D. SMITH, husband and wife, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

Kenneth Clark, of Hill City, argued the cause, and W.H. Clark and Marion W. Chipman, of Hill City, and Francis W. Brown, of Denver, Colorado, were with him on the briefs for appellants.

Elmer E. Euwer, of Goodland, argued the cause, and Jack E. Lyman, of Scotts Bluff, Nebraska, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action to quiet title to 10,289 acres of land in Sherman County, Kansas, known as the Smith Ranch. A jury was waived and trial was by the court. Judgment was in favor of the plaintiffs and the defendants have appealed.

The appellees are hereafter referred to as plaintiffs or Dennis, and the appellants as defendants or Smith.

On January 24, 1958, the plaintiffs filed their petition...

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