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JESBERG v. KLINGER

Nos. 42,032, 42,033

187 Kan. 582 (1961)

358 P.2d 770

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

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Frank E. Dailey, Jr., of Coldwater, and Maurice A. Wildgen, Glee S. Smith and Donald L. Burnett, of Larned, were on the briefs for the appellants.

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

The opinion of the court was delivered by

FATZER, J.:

Two actions were commenced pursuant to G.S. 1949, 79-2804b to cancel and set aside a sheriff's deed conveying to the defendant the undivided one-seventh interest of each of the plaintiffs in the minerals in place in 1120 acres of land in Clark County. The plaintiffs' evidence and the question of law involved being the same in both cases, the actions were consolidated for trial by the court below which made...

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