Emigh v. Andrews

The opinion of the court was delivered by

Wedell, J.:

This is an appeal from an order sustaining a general demurrer to plaintiffs’ petition in a damage action.

The action was brought by a landowner and tenant. The pertinent portion of the petition reads:

“2. Plaintiffs state to the Court that at all times hereinafter mentioned, plaintiff W. H. Lechtenberger was the owner of South Half of the Southwest quarter and the West Half of the Southeast quarter of section 8, township 7, *733range 29, Sheridan County, Kansas; that during the crop year 1944-45 wheat was planted on the above described premises by…