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GILHAM v. EQUITABLE LIFE ASSURANCE SOCIETY

No. 39,491

177 Kan. 113 (1954)

276 P.2d 312

EVA MERCER GILHAM, Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, INC., Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1954.

Attorney(s) appearing for the Case

Pat Warnick, Henry E. Martz, and Alan B. Phares, all of Wichita, were on the briefs for the appellant.

Richard W. Stavely, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, and Ralph M. Hope, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court sustaining defendant's demurrer to plaintiff's petition on the ground it failed to state a cause of action.

Appellant Eva Mercer Gilham will be hereinafter referred to as plaintiff, and appellee Equitable Life Assurance Society as defendant.

Plaintiff's petition alleged, in substance, that she was the owner of certain described real estate...

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