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RUCKER v. DeLAY

No. 101,766.

235 P.3d 566 (2010)

Donald R. RUCKER and Barbara L. Rucker, Appellees, v. Earl R. DeLAY and Leah Griffith DeLay, Henry Choquette and Ruth Mary Choquette, Leigh G. DeLay, Edith L. DeLay, John E. DeLay, Elizabeth Bennett, Harriet DeLay, Marian Allender, Eloise Hayes, and Wendy Anderson, Appellants.

Court of Appeals of Kansas.

July 23, 2010.

Attorney(s) appearing for the Case

Richard N. Raleigh, of Medicine Lodge, for appellants.

Alan C. Goering, of Goering and Slinkard, of Medicine Lodge, for appellees.

Before RULON, C.J., GREENE, J., and LARSON, S.J.

LARSON, J.

In this quiet title action, Earl R. DeLay and other heirs of Earl R. DeLay and Leah Griffith DeLay, his wife, appeal from the trial court's entry of judgment after a trial on stipulated facts in favor of Donald R. Rucker and Barbara L. Rucker that a reservation in a 1924 deed was of a royalty interest which violated the rule against perpetuities.

The record and stipulation reflect that on May 17, 1924, in consideration of $1,200, Earl R. DeLay and...

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