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BARNES v. DUNCAN

No. 38,133

170 Kan. 610 (1951)

228 P.2d 678

RAY GERALD BARNES, Appellant, v. JESSIE DUNCAN and EDWARD DUNCAN, Wife and Husband, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Oscar E. Learnard, John J. Riling and C. Wayne Allphin, Jr., all of Lawrence, were on the briefs for the appellant.

Charles D. Stough, of Lawrence, was on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was a replevin action. Defendants filed an answer to plaintiff's petition and a cross petition. Judgment was for defendants on their answer and also on their cross petition. The plaintiff has appealed.

The petition alleged that defendants were in possession of property belonging to plaintiff and unlawfully retained that possession even though its return had been demanded. The property in question...

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