Osborne v. Fakes

The opinion of the court was delivered by

Parker, J.:

This was an action to quiet title to real estate in which Ben Fakes, Fred E. McMurray and Bonnie S. McMurray, were defendants. The plaintiffs prevailed and the defendant Ben Fakes appeals.

Plaintiffs commenced the action on or about October 26, 1951, by filing a petition which, for all purposes essential to appellate review, alleges:

That on January 1, 1932, M. G. Osborne and Flora F. Osborne were the owners and in possession of Section 11 and the south half of Section 12, township 23 south, range 22, in Hodgeman County, Kansas.

That on January…