HODGES v. PHOENIX MUTUAL LIFE INS. CO.

No. 38,240

171 Kan. 364 (1951)

233 P.2d 501

MURRAY H. HODGES and JOHN ANDERSON, JR., Co-guardians of the Estate of JACKSON K. HURD, Incompetent, Appellants, v. PHOENIX MUTUAL LIFE INSURANCE COMPANY, a Corporation; M.R. SMITH; L.A. BILLINGS, JR., Sheriff of Johnson County, Kansas, and HELEN HUDELSON, Register of Deeds, of Johnson County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 3, 1951.


Attorney(s) appearing for the Case

John F. Eberhardt, of Wichita, argued the cause for the appellants and Murray H. Hodges and John Anderson, Jr., both of Olathe, were with him on the briefs as attorneys pro se.

W.C. Jones, of Olathe, argued the cause, and Howard R. Payne, of Olathe, was with him on the briefs for M.R. Smith, appellee.

George H. Gangwere, of Kansas City, Missouri, argued the cause, and Neal Hambleton, of Olathe, was with him on the briefs for Phoenix Mutual Life Insurance Company, appellee; Samuel D. Newkirk, Chas. M. Blackmar, Henry L. Eager, Thomas C. Swanson and Kenneth E. Midgley, all of Kansas City, Missouri, of counsel.


The opinion of the court was delivered by

PARKER, J.:

This is an appeal from orders of the district court sustaining separate demurrers of defendants, Phoenix Mutual Life Insurance Company and M.R. Smith, to an amended petition and a motion to vacate a restraining order in an action instituted by legally appointed guardians of an incompetent person to vacate a mortgage foreclosure judgmental and nullify the force...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases