ROBERTS v. WILLIAMS

No. 39,974

179 Kan. 498 (1956)

297 P.2d 206

DUANE ROBERTS, Appellee, v. CECIL D. WILLIAMS and LORA WILLIAMS, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

B.A. Earhart, of Hutchinson, argued the cause and Aubrey V. Earhart, of Hutchinson, was with him on the briefs for the appellants.

Robert Y. Jones, of Hutchinson, argued the cause and Bryan Woodson and James H. Rexroad, both of Hutchinson, were with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, C.J.:

This was an action to cancel a written contract for the sale of real estate and for possession of the real estate in question. Judgment was for the plaintiff. Defendants have appealed.

The question in the case was whether a deed from defendants to plaintiff was actually a deed or under all the surrounding facts and circumstances was a mortgage.

The petition alleged that on May 7, 1953,...

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