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GREY v. SCHMIDT

No. 48,729

224 Kan. 375 (1978)

581 P.2d 1180

HUEY P. GREY and ANN GREY, Appellants, v. FREDDIE SCHMIDT and PEGGY SCHMIDT, Appellees.

Supreme Court of Kansas.

Opinion filed July 21, 1978.

Attorney(s) appearing for the Case

Christopher Randall, of Turner, Hensley, and Boisseau, of Wichita, argued the cause and Frederick K. Starrett, of the same firm, of Great Bend, was on the brief for the appellants.

Harold S. Herd, of Coldwater, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal from a declaratory judgment determining the rights of the parties in a farm lease.

In 1950 defendants-appellees Schmidt (hereinafter referred to as "tenants") leased farm property from John Monroe. On May 20, 1976, the plaintiffs-appellants Grey (hereinafter referred to as "landlords") purchased the real estate from Monroe. Wheat, a fall seeded grain crop, was growing on a portion...

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