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JENSEN v. SOUTHWESTERN STATES MANAGEMENT CO.

No. 52,064

6 Kan. App. 2d 437 (1981)

629 P.2d 752

MELLIE B. JENSEN, Executrix of the Estate of K.R. Jensen, Sr., MELLIE B. JENSEN, EFFIE JO WADE, BERNARD L. WADE, K.R. JENSEN, JR., a/k/a KRESTEN RAY JENSEN, Plaintiffs-Appellees, v. SOUTHWESTERN STATES MANAGEMENT CO., and MISSOURI-KANSAS-TEXAS RAILROAD CO., Defendants-Appellants.

Court of Appeals of Kansas.

Petition for review denied September 18, 1981.

Attorney(s) appearing for the Case

John B. Markham, of Parsons, for appellants.

Aubrey Neale, of Neale & Neale, of Coffeyville, for appellees.

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

WOLESLAGEL, J.:

This suit was filed as one to quiet title to land owned by plaintiffs except for mineral rights to coal underlying the land. Defendants owned the mineral rights through six mineral deeds, each over fifty-five years old. In five of the six mineral deeds there were clauses giving the grantee the right to use the surface also, upon payment of $70 or $75 per acre. The trial court held that the price for...

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