HODGES v. PHOENIX MUTUAL LIFE INS. CO.

No. 38,837

174 Kan. 282 (1953)

255 P.2d 627

MURRAY H. HODGES and JOHN ANDERSON, JR., Coguardians of the Estate of Jackson K. Hurd, Incompetent, Appellants, v. PHOENIX MUTUAL LIFE INSURANCE COMPANY, a Corporation, M.R. SMITH, et al., Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1953.


Attorney(s) appearing for the Case

John F. Eberhardt, of Wichita, argued the cause, and Murray H. Hodges and John Anderson, Jr., both of Olathe, attorneys pro se, were with him on the briefs for the appellants.

George H. Gangwere, of Kansas City, Mo., argued the cause, and Samuel D. Newkirk, of Kansas City, Mo., and John W. Breyfogle, Jr., of Olathe, were with him on the briefs for the appellee, Phoenix Mutual Life Insurance Company; Howard E. Payne, of Olathe, argued the cause, and W.C. Jones, of Olathe, was with him on the briefs for the appellee, M.R. Smith.


The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order sustaining defendants' separate demurrers to plaintiffs' evidence in an action to vacate a mortgage foreclosure judgment and to nullify the force and effect of subsequent incidental proceedings, and is the second chapter of the case in this court (Hodges v. Phoenix Mutual Life Ins. Co., 171 Kan. 364, 233 P.2d 501

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