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BAILEY v. NORTON

No. 39,704

178 Kan. 104 (1955)

283 P.2d 400

WARREN W. BAILEY, Appellee, v. FAY NORTON and RALPH NORTON, Appellants.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

C.K. Sayler, of Topeka, argued the cause, and L.M. Ascough and John A. Bausch, both of Topeka, were with him on the briefs for the appellants.

Richard L. Hill and Richard C. Wells, both of Manhattan, were on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This was an action to foreclose a mechanic's lien against real estate. The appeal is from an order overruling a demurrer to the petition as amended by supplemental allegations.

Omitting formal averments, the prayer, paragraphs identifying the parties, and other paragraphs describing the real estate and the status of its title, the petition reads:

"(3) Plaintiff is and was at all times herein...

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