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MATHEY v. MATHEY

No. 39,984

179 Kan. 284 (1956)

294 P.2d 202

EMMA MATHEY, nee OLSON, Appellant, v. CHARLES H. MATHEY, Appellee.

Supreme Court of Kansas.

Opinion filed February 29, 1956.

Attorney(s) appearing for the Case

W.K. Thompson, of Topeka, argued the cause, and Walter T. Chaney, of Topeka, was with him on the briefs for the appellant.

U.S. Weary, of Junction City, argued the cause, and Robert K. Weary, of Junction City, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an action by a divorced wife against her former husband to vacate and set aside a property division made in the divorce action on the ground of fraud.

The appeal is from an order sustaining a demurrer to the petition.

The basic question is concerned with whether the fraud pleaded is intrinsic or extrinsic, and whether it affords grounds to vacate or modify the judgment within the...

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