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STATE, EX REL., v. NEELEY

No. 43,751

193 Kan. 591 (1964)

396 P.2d 345

THE STATE OF KANSAS, ex rel. John S. Elting, County Attorney of Lane County, Kansas, Appellant, v. DALE W. NEELEY and LAWRENCE RICHARDS, Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

John S. Elting of Dighton, and James W. Wallace of Scott City, argued the cause, and D.B. Lang of Scott City, was with them on the brief for appellant.

Ray H. Calihan, Jr., of Garden City, argued the cause, and Ray H. Calihan, Logan N. Green, and Daniel J. High, all of Garden City, were with him on the brief for appellees.

The opinion of the court was delivered by

PRICE, J.:

The question in this case concerns the location of a county road.

The action was brought by the state, on the relation of the county attorney, for an order requiring defendants to remove obstructions placed on the alleged legal road; to enjoin defendants from obstructing and interfering with such road and its use, and to quiet title thereto in the state.

Judgment was for defendants and plaintiff...

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