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CARTER v. CARTER

No. 41,909

187 Kan. 74 (1960)

353 P.2d 499

BENJAMIN L. CARTER and HARRIET I. HARKINS, Appellants, v. RICHARD H. CARTER and LUCILE CARTER, his wife; MILDRED M. HIGDON; and BENJAMIN F. CARTER, Appellees.

Supreme Court of Kansas.

Opinion filed July 2, 1960.

Attorney(s) appearing for the Case

Karl V. Shawver, of Paola, argued the cause, and Karl V. Shawver, Jr., of Paola, and Myron S. Steere, of Ottawa, were with him on the briefs for the appellants.

William S. Bowers, of Ottawa, argued the cause, and B.F. Bowers, of Ottawa, was with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by Benjamin L. Carter and Harriet I. Harkins, plaintiffs below, from the trial court's judgment relating to a partition, an accounting, granting Benjamin F. Carter a homestead, and other orders of the trial court including the overruling of plaintiffs' motion for new trial and denial of appointment of a receiver.

When necessary for clarity we shall refer to the parties by their first...

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