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KIRKPATRICK v. AULT

No. 39,632

177 Kan. 552 (1955)

280 P.2d 637

BERT KIRKPATRICK, Appellant, v. A.W. AULT and MARGARET ANN AULT, Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

Archie T. MacDonald, of McPherson, argued the cause, and Russ B. Anderson, of McPherson, was with him on the briefs for the appellant.

James L. Galle and Robert F. Stover, both of McPherson, argued the cause, and H.L. Smither and Robert R. Berkley, both of Salina, were with them on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action in the nature of a declaratory judgment to have determined whether a personal judgment previously obtained by plaintiff against defendant, A.W. Ault, is a lien upon his alleged interest in certain real property now claimed to be owned entirely by his wife, Margaret Ann Ault. The trial court sustained a demurrer to plaintiff's evidence and he has appealed.

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