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STARK v. STANHOPE

No. 45,855

206 Kan. 428 (1971)

480 P.2d 72

L.O. STARK and LENA ALICE STARK, Appellants, v. CLARENCE T. STANHOPE and ALENA P. STANHOPE, his wife; THE BOARD OF DIRECTORS OF SCHOOL DISTRICT No. 103 OF CHAUTAUQUA COUNTY, KANSAS, and its successor, CHAUTAUQUA COUNTY COMMUNITY UNIFIED SCHOOL DISTRICT No. 286; C.F. FIELDS, Chairman of the Board of Trustees of the First Nazarine Church of Chautauqua, Kansas; THE FIRST NAZARINE CHURCH OF CHAUTAUQUA, KANSAS; C.F. FIELDS; THE BOARD OF TRUSTEES OF CEMETERY DISTRICT No. 10 OF CHAUTAUQUA COUNTY, KANSAS, and LOUIS DUNCAN, CLAUDE FULLER, CARDIN F. RUTLEDGE, R.F. RUTLEDGE, and JAMES SWEENEY, Members of the Cemetery Board for said Cemetery District No. 10; C.E. CHAMBERLIN and EFFIE CHAMBERLIN, husband and wife; GILFORD BRANCH; et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

R.O. Robbins and Gary House, of Robbins and House, of Sedan, were on the brief for appellants.

No appearance by appellees.

The opinion of the court was delivered by

FATZER, J.:

The plaintiffs commenced this action to quiet title to real estate described in their petition, and referred to throughout this litigation as Tracts 1 and 2. They alleged that they, together with their predecessors in title, had been in "actual, peaceable, open and adverse possession" of the real estate for more than fifteen years last past. The defendant Cemetery...

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