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ROBBINS v. HANNEN

No. 42,986

190 Kan. 711 (1963)

378 P.2d 1

P.S. ROBBINS and JOSALYN ROBBINS, his wife; DICK ROBBINS, Appellees, v. LOUIS R. HANNEN and MARGARET E. HANNEN, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

H.T. Horrell, of Burlington, argued the cause, and was on the briefs for Appellants.

William A. Buckles, of Burlington, argued the cause, and was on the briefs for Appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action brought by the plaintiffs for the removal of a sewer line which defendants through their predecessors in title caused to be constructed on plaintiffs' property. The defendants' demurrer to the plaintiffs' second amended petition was overruled by the district court, and they have appealed.

The action arose out of an agreement made and entered into on May 15, 1916, for the purpose...

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