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MINGENBACK v. MINGENBACK

No. 39,384

176 Kan. 471 (1954)

271 P.2d 782

MAUDE S. MINGENBACK; JOHN JOSEPH MINGENBACK and RUTH ZIMMERMAN, Nee MINGENBACK, Appellees, v. EUGENE C. MINGENBACK, Individually and as Trustee for himself, Mary Mingenback, Paul M. Mingenback, Lillian J. Mingenback, being the same person as Sister M. Pauline O.S.U., and Leo A. Mingenback; LILLIAN J. MINGENBACK, being the same person as Sister M. Pauline O.S.U.; LEO A. MINGENBACK, Appellants, (ANTHONY P. NUGENT, Appellee).

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

J.S. Brollier, of Hugoton, argued the cause, and Paul A. Wolf, of Hugoton, was with him on the briefs for the appellants.

Wm. I. Robinson, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones, J. Ashford Manka, and Clifford L. Malone, all of Wichita, were with him on the briefs for the appellees, Maude S. Mingenback; John Joseph Mingenback and Ruth Zimmerman, nee Mingenback.

A.E. Kramer, and Bernard E. Nordling, both of Hugoton, were on the briefs for the appellee, Anthony P. Nugent.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to reform a deed on the ground it had been fraudulently altered after its execution and delivery.

The appellees will be hereafter referred to as plaintiffs, and the appellants as defendants.

The action was tried by the court which made detailed findings of fact and conclusions of law. Most of the facts alleged in plaintiffs' petition were admitted by defendants' answer...

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