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McKAY, EXECUTOR v. PARKER

Nos. 39,405 & 39,425

176 Kan. 526 (1954)

271 P.2d 245

JOSEPH M. McKAY, Executor of the Last Will and Testament of Thomas A. Reber, Deceased, Appellee, v. EUGENE PARKER and FLORENCE PARKER, Appellants.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

Robert A. Reeder, of Troy, argued the cause and was on the brief for the appellants.

A.O. Delaney, Jr., of Troy, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover on a note secured by a mortgage on real estate and for the foreclosure of the mortgage. Judgment was entered for the plaintiff and defendants appeal.

In his petition plaintiff alleged that he was the duly appointed and qualified executor of the last will of Thomas A. Reber, deceased; that on August 1, 1946, defendants executed...

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