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IOWA MUTUAL INS. CO. v. PARR

No. 42,582

189 Kan. 475 (1962)

370 P.2d 400

IOWA MUTUAL INSURANCE COMPANY, a corporation, Appellee, v. HARLEY V. PARR, and BARBARA A. PARR, Appellants.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Barton P. Cohen, of Kansas City, argued the cause, Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins, Norma Braly, Jacob F. May, Jr., and Frederick K. Cross, all of Kansas City, were with him on the brief for the appellants.

John R. Caslavka, of Kansas City, Missouri, and John Murray, of Leavenworth, argued the cause, and Harry P. Thomson, Jr., of Kansas City, Missouri, was with them on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action on a contract. Appeal has been perfected by the defendants from a judgment of the trial court ordering the sale of their homestead to satisfy the judgment entered in favor of the plaintiff, and from an order of the trial court overruling the defendants' motion to set aside the order of sale of the defendants' homestead.

The primary question is whether a waiver of the homestead...

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