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WALTER v. WARNER

No. 6789.

298 F.2d 481 (1962)

Ruby O. WALTER, Appellant, v. Edna Zoe WARNER, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 26, 1962.

Attorney(s) appearing for the Case

David W. Carson, Kansas City, Kan. (John K. Dear, Ernest N. Yarnevich, John William Mahoney, Joseph T. Carey, and John H. Fields, Kansas City, Kan., on the brief), for appellant.

Wash H. Brown, Kansas City, Kan. (J. Willard Haynes, Kansas City, Kan., on the brief), for appellant.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BRATTON, Circuit Judge.

This controversy between two sisters involves rival claims of ownership and right of possession to certain residential property in Kansas City, Kansas. Edna Zoe Warner and Ruby O. Walter are sisters, and they were the only children and sole heirs of Joseph W. Moberly and Alice I. Moberly. Edna claimed under an oral contract with her parents, and Ruby claimed under a deed from her mother. Edna instituted the action against Ruby; and for convenience...

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