HARVEST QUEEN MILL & ELEVATOR CO. v. SANDERS

No. 42,618

189 Kan. 536 (1962)

370 P.2d 419

HARVEST QUEEN MILL & ELEVATOR COMPANY, a Corporation, NEWMAN INVESTMENT COMPANY, a Corporation, and CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, a Corporation, Appellants and Cross-Appellees, v. JOHN E. SANDERS, LULA M. SANDERS, ALVIN R. SANDERS, DORIS SANDERS, ALMA D. McCLALLEN, CHARLES McCLALLEN, THE SHALLOW WATER REFINING COMPANY, a Corporation, DIANNE McCARTHY, Appellees and Cross-Appellants, C.M. McMULLIN and LEE E. THORN, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1962.


Attorney(s) appearing for the Case

Alvin D. Herrington, of Wichita, and Gene T. Bonner, of Houston, Texas, argued the cause, and William Tinker, Arthur W. Skaer, Hugh P. Quinn, William Porter, Darrell D. Kellogg, Richard T. Foster, all of Wichita, Clayton M. Davis, of Topeka, L. Karlton Mosteller, James D. Fellers, John C. Andrews, John Joseph Snider, Brice A. Baggett, Donald H. Clark, Larry McLane, James F. Davis, Theodore M. Elam, Larry D. Hartzog, and Jo C. Barton, all of Oklahoma City, Oklahoma, were with them on the briefs for the appellants and cross-appellees.

Paul R. Kitch, of Wichita, argued the cause, and Wayne Coulson, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, and David W. Buxton, all of Wichita, were with him on the briefs for the appellees and cross-appellants; Hugo T. Wedell and Homer v. Gooing of counsel.


The opinion of the court was delivered by

WERTZ, J.:

This was an action by the Chicago, Rock Island & Pacific Railroad Company, a corporation, and its oil and gas lessees, plaintiffs (appellants), to quiet title to a narrow strip of land, including the underlying minerals, running across defendants Sanders' farm. Defendants (appellees), Sanders and their lessees, cross petitioned to quiet title to the entire quarter section of land owned by the Sanders...

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