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WHITE STAR MACHINERY & SUPPLY CO. v. ROULSTON

No. 39,796

178 Kan. 481 (1955)

289 P.2d 749

WHITE STAR MACHINERY & SUPPLY COMPANY, INC., a Corporation, Appellee, v. LYNN ROULSTON and ETTA ROULSTON, Appellants.

Supreme Court of Kansas.

Opinion filed November 12, 1955.

Attorney(s) appearing for the Case

R.O. Robbins, of Sedan, argued the cause and was on the briefs for the appellants.

William P. Thompson, of Wichita, argued the cause and John M. Wall, of Sedan, A.W. Hershberger, J.B. Patterson, Richard Jones, H.E. Jones and Jerome E. Jones, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an action for replevin. Judgment was for plaintiff. Defendants have appealed.

After the formal allegations, the amended petition alleged plaintiff was the owner of the machinery described in a chattel mortgage given by defendants to plaintiff, a copy of which was attached, to secure the payment of a note for the purchase price of the machinery; that...

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