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SCHWALM v. DEANHARDT

No. 72,683

21 Kan. App. 2d 667 (1995)

MAURICE F. SCHWALM and ANN SCHWALM, Appellants, v. GARY DEANHARDT, Appellee.

Court of Appeals of Kansas.

Opinion filed November 22, 1995.

Attorney(s) appearing for the Case

James D. Griffin, of Blackwell Sanders Matheny Weary & Lombardi L.C., of Overland Park, for appellants.

Douglas Lancaster and Charles W. Hess, of Bryan Cave L.L.P., of Overland Park, and Mark A. Jess, of Bryan Cave L.L.P., of Kansas City, Missouri, for appellee.

Before ELLIOTT, P.J., GERNON, J., and D. KEITH ANDERSON, District Judge, assigned.

ELLIOTT, J.:

Plaintiffs Maurice and Ann Schwalm appeal the trial court's granting of defendant Gary Deanhardt's motion for involuntary dismissal of plaintiffs' quiet title action. We reverse.

This is, factually, a rather bizarre case. The Schwalms owned a rental home they wished to sell. On January 28, 1993, they agreed with Michael Eddins to sell the house to Eddins in the name of the G.E. Trust No. PV 16-40 Trust (Trust). Eddins was to place $5,000 in escrow...

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