FORD v. WILLITS

No. 55,585

9 Kan. App. 2d 735 (1984)

688 P.2d 1230

J. M. FORD, II, and THE FIRST NATIONAL BANK OF ST. JOSEPH, as co-trustees of Albert L. Bartlett Trust, Appellants, v. RUSSELL W. WILLITS and CITIES SERVICE GAS CO., Appellees, and RUSSELL W. WILLITS, Cross-Appellant, v. BOARD OF COUNTY COMMISSIONERS and JEFFERSON COUNTY ABSTRACT CO., Cross-Appellees. Affirmed 237 Kan. ___, ___ P.2d ___ (April 5, 1985).

Court of Appeals of Kansas.

Opinion filed September 27, 1984.


Attorney(s) appearing for the Case

Larry R. Mears of Duncan, Senecal, Bednar & Mears, Chartered, of Atchison, for the appellants.

Peter K. Curran of Petefish, Curran & Immel, of Lawrence, for the appellee and cross-appellant Russell W. Willits.

Glenn D. Cogswell, of Topeka, for the appellee Cities Service Gas Co.

Milton P. Allen, Jr., of Allen, Cooley & Allen, of Lawrence, for the cross-appellee Board of County Commissioners.

Deanne Watts Hay and Alan V. Johnson of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, for the cross-appellee Jefferson County Abstract Co.

Before FOTH, C.J., PARKS and BRISCOE, JJ.


BRISCOE, J.:

This is a quiet title action in which the plaintiffs, co-trustees, seek to quiet their title to an undivided one-fourth mineral interest which had been sold to defendant Willits at a tax foreclosure sale seven years earlier. The trial court entered summary judgment for defendant Willits, after concluding plaintiffs' action was barred under K.S.A. 79-2804b and by laches.

Our recitation of the undisputed facts in this case begins with the creation...

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