Weber v. Home Royalty Ass'n

The opinion of the court was delivered by

Wedell, J.:

This was an action to cancel a mineral deed and to quiet title. The plaintiff prevailed, and the defendant, Home Royalty Association, Inc., appeals.

The question is, Was the action barred? The case was submitted to the trial court upon the pleadings and a stipulation of facts. The latter was as follows:

“1. That on May 23, 1929, John Weber was the owner in fee simple and in quiet and peaceful possession of the following-described lands situated in Kearny county, Kansas, to wit: (Here follows description), and has since said date continuously…