Smith v. Kagey

The opinion of the court was delivered by

Thiele, J.:

This was an action for recovery of money, and from a judgment for plaintiffs the defendants appeal.

*564The petition, filed July 20, 1935, among other things, alleged the relationship of plaintiffs to one Alden Durell Smith, who had executed an oil and gas lease on certain lands in Butler county, Kansas, on account of which certain moneys belonging to plaintiffs were deposited in the Citizens State Bank of El Dorado, Kan., until there was a total of $1,675, and that sum was held by the bank and one Light, who refused to pay the same to…