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FRITZLER v. DUMLER

No. 46,214

209 Kan. 16 (1972)

495 P.2d 1027

EDDIE FRITZLER and FREDA FRITZLER, Appellants, v. FREDERICK C. DUMLER and NAOMI DUMLER, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

Robert L. Earnest, of Russell, argued the cause, and Eric E. Smith, of Russell, was with him on the brief for the appellants.

Mark Arthur, Jr., of Russell, argued the cause, and Marvin E. Thompson and Clifford R. Holland, Jr., both of Russell, were with him on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This action involves a dispute over a boundary line between adjacent properties owned by the parties. The underlying question is whether the boundary line is that established by a legal survey as claimed by Dumlers, defendants-appellees, or is a line established by an alleged mutual agreement as claimed by Fritzlers, plaintiffs-appellants.

The trial court...

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