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BELL v. HANES

No. 43,058

190 Kan. 765 (1963)

378 P.2d 13

CARL A. BELL, JR., Administrator of the Estate of Virgil Hanes, Deceased, Appellee, v. Loyd Hanes, Deceased; Virgil Hanes, Deceased; Iona Hanes, Deceased; ROY HANES, LAWSON HANES, and the Unknown Heirs, Executors, Administrators, Devisees, Trustees, Creditors and Assigns; the Unknown Spouses of the Defendants, and the Unknown Guardians and Trustees of such of the Defendants as are Minors or are in any wise under Legal Disability, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

Hal B. Malone, of Wichita, argued the cause, and Harold H. Malone, of Wichita, was with him on the briefs for the appellant.

R.A. Munroe, of Augusta, argued the cause, and Franklin D. Gaines, of Augusta, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This case, although it stems from two separate and distinct estate proceedings — presently pending in the probate courts of Sedgwick and Butler Counties, respectively, is here on an appeal from an order and judgment of the district court of Butler County overruling the defendants' demurrer to the plaintiff's petition in a quiet title action now pending in that court.

The petition discloses...

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