HORNER v. HEERSCHE

No. 45,167

202 Kan. 250 (1968)

447 P.2d 811

RICHARD R. HORNER and GWENDOLEN P. HORNER, Appellants, v. MARINUS HEERSCHE and EDITH M. HEERSCHE, Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1968.


Attorney(s) appearing for the Case

Bruce B. Fitts, of Wichita, argued the cause, and Harold L. Blake, Wilbur H. Jones, and Herbert H. Hopper, all of Wichita, were with him on the brief for the appellants.

George D. McCarthy, of Wichita, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

FONTRON, J.:

The plaintiffs bring this action seeking an easement and right of way by necessity across land owned by the defendants. The trial court denied plaintiffs the relief for which they asked and entered judgment for the defendants. Plaintiffs have appealed from that judgment.

There is no dispute as to the facts, for the defendants, with one exception which we think immaterial, have adopted the statement...

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