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WULF v. SHULTZ

No. 46,642

211 Kan. 724 (1973)

508 P.2d 896

ROBERT O. WULF and HAZEL WULF, Appellees, v. M.W. SHULTZ, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

C. Bruce Works, of Topeka, argued the cause, and was on the brief for the appellant.

Michael L. Jones, of Wichita, argued the cause, and Richard Jones, of Wichita, and Howard M. Immel, of Iola, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a declaratory judgment action instituted pursuant to the provisions of K.S.A. 60-1701 et seq.

Robert O. Wulf and Hazel Wulf (plaintiffs-appellees) filed suit alleging they were the owners of the entire fee simple title to a certain tract of land in Allen County, Kansas; that the tract of land was subject to an oil and gas lease and that the record owner of the lease...

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