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SUTHERLAND v. SUTHERLAND

No. 42,043

187 Kan. 599 (1961)

358 P.2d 776

EUGENE A. SUTHERLAND, Appellee, v. CLARA B. SUTHERLAND, Individually and as Administratrix of the Estate of William F. Sutherland, Deceased, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Robert M. Baker, of Ashland, argued the cause and was on the brief for the appellant.

Milton Zacharias, of Wichita, argued the cause, and Kenneth H. Hiebsch, Richard A. Render, Albert L. Kamas, Donald E. Lambdin and David G. Arst, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action brought to enforce the specific performance of a contract to convey real estate. The defense is predicated upon fraud and coercion exercised in procuring the execution of the contract and upon a charge of grossly inadequate consideration, and the defendant seeks recision of the contract and an order quieting her title. The trial court, after hearing the action upon issues joined by...

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