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KENDALL v. KENDALL

No. 38,308

171 Kan. 222 (1951)

231 P.2d 212

HAROLD M. KENDALL, Incompetent, by ORVAL KENDALL, his guardian, Appellee, v. TED L. KENDALL and LARRY W. KENDALL, a minor, Appellants.

Supreme Court of Kansas.

Opinion filed May 12, 1951.

Attorney(s) appearing for the Case

John E. Wheeler, of Marion, argued the cause, and W.E. Hembrow, and Thomas S. Mackie, both of Council Grove, were with him on the briefs for the appellants.

Hal E. Harlan, of Manhattan, argued the cause, and Harry M. Tompkins, of Council Grove, and A.M. Johnston, of Manhattan, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This appeal is from an order of the trial court overruling appellants' demurrer to appellee's petition in an action to recover possession of certain real property and to quiet title thereto.

In the first cause of action the petition alleges that plaintiff is an incompetent person and that Orval Kendall has been his legal guardian since March 25, 1949; that the plaintiff has been an incompetent person...

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