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BOETTCHER v. CRISCIONE

Nos. 40,125, 40,126.

180 Kan. 39 (1956)

299 P.2d 806

EVELYN MERTZ BOETTCHER; EDWARD L. MERTZ; BETTY CLARK GRANDI; JEWELL CLARK LEWIS; BARBARA CLARK THOMAS; CAROLYN CLARK FARGO, Plaintiffs, v. CATHERINE W. CRISCIONE, Appellant; MAX WYMAN, Appellee; GEORGE J. LITTLE and HELEN H. LITTLE, Intervenors. MAX WYMAN, Appellee, v. CATHERINE W. CRISCIONE, Appellant.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

Ora D. McClellan, of Wichita, argued the cause, and Gerald L. Michaud, Harry E. Robbins, Jr., Carol V. Creitz, and John B. Wooley, all of Wichita, were with him on the briefs for the appellant.

Don Wyman, of Hutchinson, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

These are consolidated appeals taken from orders of the trial court sustaining motions to strike allegations of appellant's first amended answers. In case No. 40,125 the first amended answer was filed in response to appellee's intervening petition in a partition suit originally filed by others and in case No. 40,126 it was in response to appellee's petition to quiet title and for partition.

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