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ALCORN v. STATE HIGHWAY COMMISSION

No. 42,529

190 Kan. 370 (1962)

375 P.2d 614

NOVA L. ALCORN, a Widow; PAUL SLAGLE and GOLDA SLAGLE, Husband and Wife; WILLIAM P. ALCORN and RUTH ALCORN, Husband and Wife, Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, a Body Corporate, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1962.

Attorney(s) appearing for the Case

Joseph W. Kennedy, of Wichita, argued the cause, and Lester L. Morris, of Wichita, Charles N. Henson and W.B. Kirkpatrick, assistant attorneys general, Stanley Taylor and Orville E. Caruthers, assistant attorneys, State Highway Commission, William L. Roberts, of Topeka, and Harold Irwin, of Wichita, were with him on the briefs for the appellant.

John Madden, of Wichita, argued the cause, and Robert M. Walker, also of Wichita, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiff Nova L. Alcorn and others, appellees herein, brought this action to quiet title to certain real estate. The defendant (appellant), the State Highway Commission, hereinafter referred to as the commission, appealed from the judgment rendered in plaintiffs' favor quieting title in them.

The petition, as amended, alleged in pertinent part that plaintiffs for more than twelve years prior to...

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