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NELSON v. HEDGES

No. 51,460

5 Kan. App. 2d 547 (1980)

619 P.2d 1174

LAWLY A. NELSON, Appellee, v. GEORGE HEDGES, et. al., Defendants, DONALD B. McGUIRE, et. al., Appellants.

Court of Appeals of Kansas.

Petition for review denied December 19, 1980.

Attorney(s) appearing for the Case

John J. Gillett, of Neodesha, and Laurel D. McClellan of Lorentz and McClellan, of Fredonia, for the appellants.

Rex A. Lafferty, of Fredonia, for the appellee.

Before FOTH, C.J., REES, J., and HARMAN, C.J. Retired, sitting by designation.

HARMAN, C.J. Retired:

This appeal arises from an action brought to have an oil and gas lease declared void ab initio, for land damages, statutory damages and attorney fees. The principal issues involve sufficiency of evidence to support award of damages against the defendants who have appealed, and the propriety of statutory damages and award of attorney fees.

Walfred E. Nelson and his wife, plaintiff Lawly A. Nelson, owned and occupied as a homestead eighty...

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