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PLETCHER v. ALBRECHT

No. 41,649

186 Kan. 273 (1960)

350 P.2d 58

W.F. PLETCHER, Appellee, v. L.C. ALBRECHT, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

A.W. Relihan, of Smith Center, argued the cause, and T.D. Relihan, and Terry E. Relihan, both of Smith Center, were with him on the briefs for the appellant.

Louis James, of Osborne, argued the cause, and W. McCaslin, of Stockton, and J.F. Bell, of Smith Center, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an action to cancel a mortgage of record on land located in Smith county. Plaintiff recovered and the defendant appeals.

Inasmuch as the pleadings are not in controversy and there is little if any conflict in the evidence on which the trial court rendered its judgment, the facts necessary to a proper understanding of the appellate issues involved will be stated in the following manner...

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