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GEORGE v. KOHLASCH

No. 39,992

179 Kan. 337 (1956)

295 P.2d 655

J.C. GEORGE, Appellant, v. FRANK L. KOHLASCH, IBBIE F. KOHLASCH, and THE RAILROAD BUILDING AND LOAN ASSOCIATION, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1956.

Attorney(s) appearing for the Case

Charles S. Arthur, of Manhattan, argued the cause, and Charles D. Green, of Manhattan, was with him on the briefs for the appellant.

John Weckel, of Salina, argued the cause, and Rudolph Barta, of Salina, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action on a promissory note and to foreclose a real-estate mortgage given as security therefor. Both instruments were adjudged to be void and of no effect. Judgment was entered for defendants and plaintiff has appealed.

At the outset it should be stated that the rights of defendant The Railroad Building and Loan Association were fully adjudicated in the court below. Such defendant is...

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