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POWELL v. PROSSER

No. 60,442

12 Kan. App. 2d 626 (1988)

753 P.2d 310

HARLIN H. POWELL, Executor of the Estate of Ansel W. Wright, Deceased, et al., Appellants, v. JOSEPH EDWARD PROSSER, SR., Appellee.

Court of Appeals of Kansas.

Opinion filed April 14, 1988.

Attorney(s) appearing for the Case

LeeAnne Hays, J. Michael Morris, and John v. Wachtel, of Klenda, Mitchell, Austerman & Zuercher, of Wichita, for the appellants.

Jeff Kennedy, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, and Charles E. Cotton, of Wichita, for the appellee.

Before ELLIOTT, P.J., DAVIS and LARSON, JJ.

LARSON, J.:

In this quiet title action, Harlin H. Powell, executor of the estate of Ansel W. Wright, and heirs of the estate appeal from the entry of summary judgment in favor of Joseph Edward Prosser, Sr., on the grounds two instruments are not ambiguous and convey mineral interests.

On June 9, 1942, Ansel W. and Elma E. Wright executed in favor of Adrian P. Wright two instruments titled "Oil and Gas Royalty Conveyance." Powell and the heirs are the successors...

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