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MURRAY v. BROWN

No. 39,539

177 Kan. 139 (1954)

276 P.2d 344

JOHN C. MURRAY, Appellant, v. EMORY O. BROWN, and LAWRENCE v. BROWN, and GARY C. BROWN, Trustees of EMORY O. BROWN, Appellees.

Supreme Court of Kansas.

Opinion filed November 13, 1954.

Attorney(s) appearing for the Case

Jerry M. Ward, of Great Bend, argued the cause, and Robert P. Keenan, Larry E. Keenan, S.R. Blackburn and Tudor W. Hampton, all of Great Bend, were with him on the briefs for the appellant.

Boyce P. Hardman, of Great Bend, argued the cause, and Herbert Diets, of Great Bend, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an action for specific performance by which plaintiff seeks to compel defendant trustees to assign to him an overriding royalty interest on trust property.

Defendants' demurrer, on the ground the petition failed to allege facts sufficient to state a cause of action, being sustained, plaintiff has appealed.

No good purpose would be served by setting out or summarizing in detail the...

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