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MARTIN v. HINNEN

No. 49,087

3 Kan. App. 2d 106 (1979)

590 P.2d 589

RUSSELL MARTIN, Appellant, v. RALPH L. HINNEN, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed February 16, 1979.

Attorney(s) appearing for the Case

Jack N. Turner, of Turner Law Offices, Chartered, of Derby, for the appellant.

James B. McKay, Jr., of McKay, McKay and Hargrove, of El Dorado, for the appellees.

Before FOTH, C.J., ABBOTT and REES, JJ.

FOTH, C.J.:

This is a boundary dispute between the owners of two adjacent sections of Butler county pasture land. Russell Martin, the plaintiff, owns section 8, the eastern section. Ralph Hinnen, the original defendant, owned section 7 immediately to the west of plaintiff's section at the time this quiet title suit was filed. He died during the pendency of the action and his executors were substituted as defendants. Defendants counterclaimed to quiet their title to...

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