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PRATT v. GRIESE

No. 44,304

196 Kan. 182 (1966)

409 P.2d 777

DON E. PRATT, Appellee, v. FRANCIS WILLIAM GRIESE, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

F.F. Wasinger, of Hays, was on the brief for the appellant.

Delmas L. Haney, of Hays, was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Plaintiff-appellee brought this action to declare and protect by way of injunction an easement for railroad purposes over land owned by defendant-appellant. Trial to the court resulted in judgment for plaintiff from which defendant appeals.

The pertinent facts are not in dispute. The property in question is an easement over part of a strip of land connecting a 1753 acre

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