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SMITH v. KANSAS TRANSPORT CO.

No. 38,378

172 Kan. 26 (1951)

238 P.2d 553

J.H. SMITH, Appellee, v. THE KANSAS TRANSPORT CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

Harry F. Russell, of Hastings, Neb., argued the cause, and L.H. Ruppenthal, of McPherson, was with him on the briefs for the appellee.

George R. Lehmberg, of McPherson, argued the cause, and J. R. Rhoades, of McPherson, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This was an action for equitable foreclosure of a chattel mortgage in which the plaintiff recovered and the defendant appeals.

The facts giving rise to the controversy, as well as the issues involved in the court below, are so unusual that they can be understood only by reference to the pleadings.

Plaintiff, a resident of Colorado, commenced the action against defendant, a Kansas corporation...

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