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BINDLEY v. MITCHELL

No. 38,158

170 Kan. 653 (1951)

228 P.2d 689

LYLE BINDLEY, Appellee, v. R.D. MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Evart Garvin, of St. John, argued the cause and E.C. Minner, and Harry A. Waite, both of Dodge City, and Robert Garvin, and Morris Garvin, both of St. John, were with him on the briefs for the appellant.

John Etling, of Kinsley, argued the cause, and C.C. Linley, of Cimarron, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to partition a described half section of land in Gray county. The trial court sustained plaintiff's motion for judgment on the pleadings. Defendant has appealed.

The legal question presented is the validity of an order of the probate court, made on the final settlement of an estate, determining the fractional shares of beneficiaries...

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