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LANNING, ADMINISTRATOR v. GOLDSBERRY

No. 39,505

177 Kan. 419 (1955)

280 P.2d 954

HARRY A. LANNING, Administrator of the Estate of Walter Scott Goldsberry, Deceased, Appellant, v. CLAUDE EUGENE GOLDSBERRY, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

Don W. Noah, of Beloit, argued the cause, and Ralph H. Noah, of Beloit, Harry A. Lanning, and William M. Drumm, both of Seneca, were with him on the briefs for the appellant.

A. Harry Crane, of Topeka, argued the cause, and Richard W. Shaw, of Hiawatha, Ward D. Martin, Arthur L. Claussen and Richard E. Pringle, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action brought in the district court by the administrator of an estate to recover as a part of the assets of the estate certain real property standing in the name of defendant. Defendant demurred to the petition upon the ground the trial court had no jurisdiction of the action. This demurrer was overruled and defendant appealed. By an opinion appearing in 171 Kan. 292

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