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PALMER v. BRANDENBURG

No. 53,337

8 Kan. App. 2d 154 (1982)

651 P.2d 961

EDITH PALMER, As Executrix of the Estate of CELOUS E. BRANDENBURG, Deceased, Plaintiff-Appellant, v. ORVILLE LEROY BRANDENBURG, ONETA RUTH MAKIN, IRENE ADA EDGAR and MABEL ORRA HAZEN, Defendants-Appellants, and MELVIN W. BRANDENBURG, ORRA MAE LINDBERG, DOROTHY A. NORMAN, FLOYD W. BRANDENBURG, LORENE CAMPBELL, AVIS ELAINE DECKER, EMMA LOU WENDLER, DAVID DEAN BRANDENBURG, ROBERT DALE BRANDENBURG, ETHEL BRANDENBURG, FRED HERMAN KRUG, WESLEY W. BECKER, DONALD FREDERICK KRUG and LILLIAN M. BECKER, Defendants-Appellees.

Court of Appeals of Kansas.

Opinion filed October 7, 1982.

Attorney(s) appearing for the Case

Robert L. Earnest, of Russell, for appellants.

Richard M. Driscoll, of Driscoll and Driscoll, of Russell, for appellees Becker.

Michael S. Holland, of Russell, for appellees Krug.

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

Petition for review denied 233 Kan. 1092 (1983).

REES, J.:

This is an action to determine the nature and duration of an oil and gas interest reserved in a judicial partition of land.

In 1964, upon request of one co-owner, the Russell County District Court ordered partition of the co-owners' interests in and to the West Half of Section 20, Township 14 South, Range 14 West (West Half), and other land in Russell County. There was a sheriff's sale. Fred...

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