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MISSIONARY BAPTIST STATE CONVENTION OF KANSAS v. STATE

No. 40,210

180 Kan. 501 (1957)

305 P.2d 846

THE MISSIONARY BAPTIST STATE CONVENTION OF KANSAS, a religious corporation, as a member of the Industrial and Educational Institute of Topeka, for itself, and all others similarly situated, Appellant, v. THE STATE OF KANSAS; Fred Hall, Governor, Paul Shanahan, Secretary of State, Lester McCoy, McDill Boyd, Ray Evans, Walter Fees, Elizabeth Haughey, A.W. Hershberger, Willis N. Kelley, Lawrence Morgan, Oscar S. Stauffer, as members of the Board of Regents, and Fred Hall, John McCuish, Paul Wunsch, Robert Anderson and Leonard Axe, as members of the Finance Council, all of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed January 12, 1957.

Attorney(s) appearing for the Case

P.A. Townsend, of Topeka, argued the cause, and was on the briefs for the appellant.

Robert E. Hoffman, Assistant Attorney General, argued the cause, and John Anderson, Jr., Attorney General, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action brought against the state under the provisions of G.S. 1949, 75-417, to cancel and set aside a deed and to acquire title to and possession of certain real estate in Shawnee county. From an order of the trial court sustaining defendants' (appellees) demurrer to plaintiff's (appellant) petition, as amended, they appeal.

The amended petition alleged, in substance, that The Missionary...

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