Dennis v. Smith

The opinion of the court was delivered by

Fatzer, J.:

This was an action to quiet title to 10,289 acres of land in Sherman County, Kansas, known as the Smith Ranch. A jury was waived and trial was by the court. Judgment was in favor of the plaintiffs and the defendants have appealed.

The appellees are hereafter referred to as plaintiffs or Dennis, and the appellants as defendants or Smith.

On January 24,1958, the plaintiffs filed their petition alleging two causes of action. The first cause of action described the land in question and alleged they were the owners thereof by virtue of a warranty…