Hicks v. Parker

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages for fraud in obtaining a conveyance of mineral rights in certain described real estate. The trial court sustained a demurrer to plaintiff’s evidence, and he appeals, assigning as error the ruling on the demurrer as well as rulings excluding certain evidence and denying a motion for a new trial.

We shall first notice the objections of the appellee to our consideration of the appeal. This is the second appearance of this case in this court. (See Hicks v. Parker, 143 Kan. 763, 57 P. 2d 413, for a full…