MILLER v. RATH

No. 38,660

173 Kan. 192 (1952)

244 P.2d 1213

ARLIE MILLER, Appellant, v. ROBERT M. RATH, JAMES E. ELY, et al., Appellees.

Supreme Court of Kansas.

Opinion filed June 7, 1952.


Attorney(s) appearing for the Case

George R. Gould, of Dodge City, was on the briefs for the appellant.

Horace H. Rich, and Harold S. Herd, both of Coldwater, were on the briefs for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This was an action brought to foreclose a real estate mortgage. Appellant's abstract consists of a statement of facts of ten lines in which he states that the petition sets forth the mortgage, the amount due thereon as against the primary defendant (appellee Robert M. Rath), and alleges that certain others including defendant James E. Ely have or claim some interest in the property covered by the mortgage...

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