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HILL v. HILL

No. 41,324

185 Kan. 389 (1959)

345 P.2d 1015

W.E. HILL, Appellant, v. MYRTLE BESSIE HILL, (Revived in the name of Pearl G. Garriott, Administratrix of the Estate of Myrtle Bessie Hill, Deceased), Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1959.

Attorney(s) appearing for the Case

Elvin D. Perkins, of Emporia, argued the cause, and Everett E. Steerman, also of Emporia, was with him on the brief for appellant.

Roscoe W. Graves, of Emporia, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action in which the holder (payee) of a promissory note seeks to establish the existence of an equitable mortgage and to foreclose such equitable mortgage subjecting the property so mortgaged to the payment of the debt.

The basic question is whether the transactions between a decedent maker of the note and his son, the payee, create an equitable mortgage in favor of the son against...

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