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GARNETT v. TERNES

No. 37,588

168 Kan. 66 (1949)

210 P.2d 1001

JOHN GARNETT, Appellee, v. CALADONIA TERNES and JOE TERNES, Appellants.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

Garner E. Shriver, of Wichita, argued the cause, and J.H. Chambers and Glenn J. Shanahan, both of Wichita, were with him on the briefs for the appellants.

Joe T. Rogers, of Wichita, argued the cause, and Roy L. Rogers, of Wichita, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action by plaintiff to cancel a deed to real property. Judgment was for plaintiff. Defendants have appealed.

One of the defendants was the daughter of plaintiff and the other defendant was her husband. The petition alleged the ownership by plaintiff of two town lots; that about August 1, 1943, plaintiff wrote defendants in California offering to convey to them the two lots if they would...

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