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HORNEY v. BUFFENBARGER

No. 37,868

169 Kan. 342 (1950)

219 P.2d 345

PHILIP S. HORNEY, Appellant, v. J.O. BUFFENBARGER, JR., ELEANOR G. BUFFENBARGER, KATHLEEN J. HORNEY and KATHLEEN J. KENNEDY, Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 1950.

Attorney(s) appearing for the Case

Kirke C. Veeder, of Independence, argued the cause and was on the briefs for the appellant.

Rex A. Lafferty, of Fredonia, argued the cause, and T.D. Hampson, of Fredonia, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WEDELL, J.:

This was an action by a husband to set aside a deed to city property which his wife conveyed pursuant to a duly executed and recorded power of attorney.

The plaintiff, Philip S. Horney, filed the action against his wife, Kathleen J. Horney and the purchasers of the property, J.O. Buffenbarger, Jr., and Eleanor G. Buffenbarger, his wife. No service was had on appellant's wife. The purchasers were...

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