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MARTELL v. STEWART

No. 51,544

6 Kan. App. 2d 387 (1981)

628 P.2d 1069

HENRY MARTELL, d/b/a HANK MARTELL OIL COMPANY, Plaintiff-Appellee, v. GEORGE STEWART, EARL STUCK and ALTA FRENCH, Defendants-Appellants.

Court of Appeals of Kansas.

Opinion filed May 29, 1981.

Attorney(s) appearing for the Case

Clyde M. Burns, of Burns & Burns, P.A., of Lyndon, for defendants-appellants.

Eric Kjorlie, of Topeka, for plaintiff-appellee.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

WOLESLAGEL, J.:

This case was filed after defendant landowners refused to let the plaintiff remove ballast that had been used on a railroad right-of-way. The plaintiff claimed ownership of the ballast as the final assignee of removal and entitlement rights by purchase from the railroad company. The defendants claimed ownership under the law of abandoned railroad property, as they became reversionary owners of the land upon abandonment of the right-of-way.

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