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LONG BELL LUMBER CO. v. JOHNSON

No. 39,025

175 Kan. 112 (1953)

259 P.2d 214

THE LONG BELL LUMBER COMPANY, a Corporation, Plaintiff, v. EVELYN JOHNSON, KERTHA ROBERSON and MOZELLA ROBERSON, husband and wife, T.V. TANKERSLEY and FRANK B. MARKS, doing business as KANSAS COAL & MATERIAL CO., ALBERT BUTTERS and LILLIAN BUTTERS, doing business as BUTTERS ELEC. CO., and C.A. ROBERSON, Defendants. EVELYN JOHNSON, Appellant, v. KERTHA ROBERSON and MOZELLA ROBERSON, Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

Z. Wetmore, of Wichita, argued the cause, and Waldo B. Wetmore, of Wichita, was with him on the briefs for the appellant.

Otto J. Koerner, of Wichita, argued the cause, and Earl C. Moore of Wichita, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action to foreclose a mechanic's lien. The appeal is from an order vacating and setting aside a default judgment in favor of a defendant on her cross-petition against two co-defendants. Due to the nature of the case and the questions involved it will be necessary to summarize the various pleadings in detail.

On September 27, 1948, plaintiff,...

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