MALTBY v. SUMNER

No. 37,900

169 Kan. 417 (1950)

219 P.2d 395

D.R. MALTBY, ARTHUR RAYMOND MALTBY and HAROLD L. MALTBY, Appellants, v. MARY KATHLEEN SUMNER and MILTON T. SUMNER, Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 1950.


Attorney(s) appearing for the Case

W.S. Norris, of Salina, argued the cause, and F.C. Norton and H.L. Smither, both of Salina, were with him on the briefs for the appellants.

Evart Mills, of McPherson, argued the cause, and was on the briefs for the appellees.


The opinion of the court was delivered by

WEDELL, J.:

This appeal arises out of an action to set aside two deeds and was taken by plaintiffs from an order rendering judgment against them pursuant to a motion for judgment on the pleadings.

The appeal requires examination of the verified pleadings consisting of an amended petition, answer and amended reply. Before narrating the essence of material portions of such pleadings a brief general statement...

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