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DAVIS, ADMINISTRATOR v. UNION PACIFIC RAILWAY CO.

No. 45,799

206 Kan. 40 (1970)

476 P.2d 635

HOMER DAVIS, Administrator of the Estate of Susanna M. Graves, Deceased, Appellant, v. THE UNION PACIFIC RAILWAY COMPANY, Eastern Division, et al., including PERRY WALTERS, SR., Trustee under the will of Roy N. Graves, deceased, and DAMON L. FREEMAN, also known as Damon Lewis Freeman, et al., Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

Edward J. Chapman, of Leavenworth, argued the cause and was on the brief for the appellant.

James N. Snyder, Jr., of the firm of Snyder and Snyder, of Leavenworth, argued the cause and was on the brief for appellee Damon L. Freeman.

Joseph L. Cox, of Tonganoxie, argued the cause and was on the brief for appellee Perry Walters, Sr., Trustee under the will of Roy N. Graves, Deceased.

The opinion of the court was delivered by

KAUL, J.:

The appeal in this quiet title action once again presents to this court the familiar question whether a deed conveyed an estate in joint tenancy or tenancy in common. The issue framed requires a determination by this court of the constitutionality of K.S.A. 1969 Supp. 58-2270. If constitutional, then the further question arises concerning the application of the statute to the facts of this case.

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