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SHRIVER v. BOARD OF COUNTY COMMISSIONERS

No. 42,647

189 Kan. 548 (1962)

370 P.2d 124

GARNER E. SHRIVER (Substituted) and ELIZABETH S. NAVAS, Trustees of a Trust Fund Created by Louise C. Murdock, Deceased, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, and H.B. SCOTT, VERNON E. REED, and FLOYD SCHROEDER, as Members of Said Board (Substituted), and EARL NETHERCOT, County Treasurer of Sedgwick County, Kansas (Substituted), Appellants.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Peter F. Caldwell, of Topeka, Attorney for the Director of Property Valuation of the State of Kansas, argued the cause, and Ralph E. Gilchrist, of Wichita, County Counselor for Sedgwick County, and Lewis C. Carter, of Topeka, Attorney for the Director of Property Valuation of the State of Kansas, were with him on the briefs for appellants.

Eugene G. Coombs, of Wichita, argued the cause, and J. Edward Taylor, Jr., William H. Dye, and Russell N. Barrett, of Wichita, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This appeal is from the district court's order of March 31, 1961, overruling the defendants' motion to vacate the alleged void portion of a judgment rendered June 7, 1938, and to vacate the alleged void portions of a second judgment entered September 7, 1960, interpreting the effect of the former judgment. The basic question presented is whether an office building owned by the plaintiff testamentary trustees...

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