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BENTRUP v. BIEHN

Nos. 38,306, 38,307

171 Kan. 414 (1951)

233 P.2d 529

CHARLES BENTRUP, Appellant, v. MOSE BIEHN and ARMIN KETTLER, Appellees. ARMIN KETTLER and AUGUST KETTLER, Appellees, v. CHARLES BENTRUP and WALTER WITMAN, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Wm. Easton Hutchison, C.E. Vance, A.M. Fleming, Bert J. Vance and Clifford R. Hope, Jr., all of Garden City, were on the briefs for the appellants.

Logan N. Green, Roland H. Tate and Daniel R. Hopkins, all of Garden City, were on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

The present appeals present the single question whether the trial court erred in denying a motion for a new trial in two actions consolidated for trial and arise out of the following.

All of the lands here mentioned are in Range 35 in Kearny County. There is a drainage canal at some undisclosed location north of the southeast corner of Section 29, Township 23. From that canal a lateral ditch, referred...

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