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KILLEY v. MAYES

No. 39,899

178 Kan. 628 (1955)

290 P.2d 837

CECIL W. KILLEY, Appellant, v. JOHNNY L. MAYES, Appellee.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Eugene T. Hackler, of Olathe, argued the cause and W.C. Jones, of Olathe, was with him on the briefs for the appellant.

George A. Lowe, of Olathe, argued the cause and Roy S. Lowe and Roy G. Lowe, both of Olathe, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action in replevin for lespedeza seed. Judgment was for the plaintiff for one half the seed. The plaintiff has appealed claiming the court should have awarded him all of it.

The record is not as complete as might be. We are not favored with the pleadings or the judgment. It appears, however, to be a dispute between the plaintiff, who owns a farm, and defendant, who was a tenant on at...

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