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SHIELDS v. FINK, EXECUTRIX

No. 42,610

190 Kan. 17 (1962)

372 P.2d 252

DAN B. SHIELDS and E.K.W. SHIELDS, Appellants, v. LORENE S. FINK, Executrix of the Estate of Howard D. Fink, deceased, LORENE S. FINK, individually, HOWARDINE FAUST, ARNOLD FINK, ERIC E. SMITH, and the unknown heirs, creditors and assigns of Howard D. Fink, deceased, and the unknown guardians and trustees of such of the unknown defendants as are minors, or are in any wise under legal disability, if any, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1962.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Russell, argued the cause, and George W. Holland and Clifford R. Holland, Jr., both of Russell, were with him on the brief for the appellants.

Richard M. Driscoll, of Russell, argued the cause, and Jerry E. Driscoll and Eric E. Smith, both of Russell, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action in the district court to foreclose an alleged equitable mortgage covering an undivided 1/16th interest in a producing oil and gas lease. Appeal has been duly perfected from an order of the district court of Russell County, Kansas, entered on the 10th day of April, 1961, sustaining a demurrer to the appellants' petition and denying their application for the appointment of a receiver...

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