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ASSEMBLY OF GOD v. SANGSTER

No. 39,971

178 Kan. 678 (1955)

290 P.2d 1057

ASSEMBLY OF GOD, Sterling, Kansas, a Religious Corporation, Plaintiff, v. MISS LAURA SANGSTER, Register of Deeds of Rice County, Kansas, Defendant.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Mark L. Bennett, of Topeka, and J.S. Bracewell, of Houston, Texas, argued the cause, and John E. DuMars and Clayton M. Davis, both of Topeka, were with them on the briefs for the plaintiff.

Thomas M. Evans, Assistant Attorney General, argued the cause, and Harold R. Fatzer, Attorney General, and Granville M. Bush, County Attorney, Rice County, were with him on the briefs for the defendant.

The opinion of the court was delivered by

PRICE, J.:

This is an original proceeding in mandamus whereby it is sought to compel the register of deeds of Rice County to record a certain bond resolution upon payment of the fee required for the recording of an instrument affecting real estate, but without payment of the mortgage registration fee.

The question involved is whether the instrument is one by...

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