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SHEPARD, EXECUTRIX v. JOHN HANCOCK MUTUAL LIFE INS. CO.

No. 42,349

189 Kan. 125 (1962)

368 P.2d 19

ETHEL L. SHEPARD, Executrix of the Estate of M.L. Shepard, Deceased, and ETHEL L. SHEPARD, Appellees, v. THE JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1962.

Attorney(s) appearing for the Case

Clayton S. Flood, of Hays, and W.F. Schell, of Wichita, argued the cause, and George B. Collins, Oliver H. Hughes, Robert Martin, K.W. Pringle, Jr., Thomas M. Burns and Laverne Morin, all of Wichita, were with them on the briefs for appellant.

D.A. Hindman, of Stockton, argued the cause, and Stanley Krysl, of Stockton, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This action was commenced on May 26, 1958, by M.L. Shepard and Ethel L. Shepard, his wife, to quiet title to certain real estate in Rooks County, Kansas, described as the Southeast Quarter (SE 1/4) of Section 14; East half (E 1/2) of Section 23, and the Southwest Quarter (SW 1/4) of Section 24, all in Township Ten (10) South, Range Eighteen (18) West. After the death of M.L. Shepard, the action was revived...

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