BECKER v. ROLLE

No. 46,677

211 Kan. 769 (1973)

508 P.2d 509

JAMES H. BECKER and BONNIE B. BECKER BEELMAN, Appellees, v. MICHAEL J. ROLLE, et al, defendants, SAMUEL BEN LEIGHTON, DORIS JEAN LEIGHTON, CYNTHIA JUNE CARROLL, CLYDE CARROLL, and WARREN MUNSELL, Appellants.

Supreme Court of Kansas.

Opinion filed April 7, 1973.


Attorney(s) appearing for the Case

John S. Elting, of Dighton, argued the cause and was on the brief for the appellants.

John E. Wilkinson, of Topeka, argued the cause, and Howard H. Becker, of Topeka, was with him on the brief for the appellees.


The opinion of the court was delivered by

KAUL, J.:

This is a quiet title action in which plaintiffs seek to quiet their title to an undivided one-half mineral interest in a half section of land in Lane County. Plaintiffs and their predecessors in title are and have been the undisputed owners of the surface rights and a one-half interest in the mineral rights in the land in question.

The controversy stems from the failure of the original grantees to...

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