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WATKINS v. LAYTON

No. 40,851

182 Kan. 702 (1958)

324 P.2d 130

FRANK WATKINS and THELMA WATKINS, Appellants, v. EARL LAYTON, AUDREY LAYTON, and JOHNNIE MASTERSON, d/b/a BUD'S LOUNGE, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1958.

Attorney(s) appearing for the Case

Julian E. Ralston and John E. Hurley, of Wichita, were on the briefs for appellants.

A.W. Hershberger, J.B. Patterson, Richard Jones, Wm. P. Thompson, H.E. Jones, Jerome E. Jones and William E. Palmer, all of Wichita, were on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a replevin action purportedly commenced when the appellants filed a replevin affidavit following which the personal property under chattel mortgage was seized and sold. The appellees, by cross petition, claimed actual damages and punitive damages for conversion of the property. Judgment for appellees in the lower court, in addition to actual damages...

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