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CARPENTER v. FAGER

No. 42,174

188 Kan. 234 (1961)

361 P.2d 861

JACK CARPENTER and DOROTHA CARPENTER, Husband and Wife, and OTTO PLAGENS, Appellees, v. IVAH J. FAGER, F.G. STEARNS and J. MERWYN FAGER, Trustees Under the Will and of the Estate of C.C. Fager, Deceased; IVAH J. FAGER, J. MERWYN FAGER and JOSEPHINE FAGER, His Wife; CAROL ANN FAGER, a Minor, and NELLIE VIRGINIA FAGER, a Minor, Appellants.

Supreme Court of Kansas.

Opinion filed May 13, 1961.

Attorney(s) appearing for the Case

Donald L. Cordes, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky and Robert L. Howard, all of Wichita, were with him on the briefs for the appellants.

James D. Van Pelt, of Wichita, argued the cause, and Dale M. Bryant, Morris H. Cundiff, Garner E. Shriver, Glenn J. Shanahan and Orlin L. Wagner, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiffs (appellees), Jack and Dorotha Carpenter and Otto Plagens, successors in title from C.C. Fager, brought this action against the heirs of C.C. Fager, deceased, defendants (appellants), and others not concerned with the question involved herein, to quiet title to the property in question involving some thirty-two acres, .92 of an acre of which is in controversy. From an order of the trial court finding...

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