SPORN v. OVERHOLT

No. 39,038

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175 Kan. 197 (1953)

262 P.2d 828

WOODROW W. SPORN and WAUNITA G. SPORN, Appellants, v. ISAAC WALKER OVERHOLT and LELA MAE OVERHOLT, Appellees.

Supreme Court of Kansas.https://leagle.com/images/logo.png

Opinion filed November 7, 1953.

Attorney(s) appearing for the Case

Tudor W. Hampton, of Great Bend, argued the cause, and S.R. Blackburn, and Jerry M. Ward, both of Great Bend, were with him on the briefs for the appellants.

Melvin O. Nuss, of Great Bend, argued the cause, and Vernon L. Nuss, and Isaac A. Overholt, both of Great Bend, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to construe a restrictive covenant contained in two identical warranty deeds. A brief statement of facts is as follows:

On May 7, 1949, defendants (appellees) made, executed and delivered their general warranty deed to certain lots in the city of Ellinwood, to plaintiffs (appellants), the pertinent part of which reads as follows:

...

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