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GIBBS v. ERBERT

No. 44,663

198 Kan. 403 (1967)

424 P.2d 276

PAUL GIBBS, THOMAS P. BEGGS, MARIE GIBBS, MYRA H. BEGGS, LAWRENCE C. DONELSON, FLORENCE DONELSON, MABEL S. BEGGS, R.C. ROBERTS and LOUISE J. ROBERTS, Appellees, v. HAROLD ERBERT, Appellant.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

Mitchell H. Bushey, of Iola, argued the cause and was on the briefs for the appellant.

Frederick G. Apt, Jr., of Iola, argued the cause, and Charles H. Apt, of Iola, and Gilbert H. Clevidence, of Kansas City, Missouri, were with him on the briefs for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This is an action for the partition of an oil and gas lease and for an accounting between the owners of the lease. The ownership is not in dispute. A receiver was appointed and partition was had without objection. Two of the parties filed elections to take in opposition, the lease was sold and the receipts thereof in the amount of $7,700 are now held by the clerk...

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