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STRATMANN v. STRATMANN

No. 45,544

204 Kan. 658 (1970)

465 P.2d 938

BERT J. STRATMANN, OTTO STRATMANN and MATHILDA STRATMANN, Appellees, v. ERVIN H. STRATMANN, Appellant, and SYBIL STRATMANN, His Wife, Defendant.

Supreme Court of Kansas.

Opinion filed March 7, 1970.

Attorney(s) appearing for the Case

George D. Miner, of Ellsworth, arged the cause and Paul L. Aylward, of Ellsworth, was with him on the brief for appellant.

John V. O'Donnell, of Ellsworth argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from a judgment quieting plaintiffs' title to eighty acres of land in Ellsworth county, Kansas. The defendant claims an interest in the minerals. The case was submitted to the trial court on the pleadings. The parties stipulated a judgment should be entered by the court based upon its construction of a reservation of oil and gas by cotenants in a prior partition action.

In the petition...

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