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MID-STATE HOMES, INC. v. HOCKENBARGER

No. 43,366

192 Kan. 505 (1964)

389 P.2d 760

MID-STATE HOMES, INC., a Corporation, Appellant, v. CHARLES W. HOCKENBARGER and MARY ANN HOCKENBARGER, his wife, and the JIM WALTER CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

Dean Burkhead, of Topeka, argued the cause, and Ralph E. Gilchrist, Carl L. Buck, Warner Moore and Bernard Borst, all of Wichita, and Robert E. Tilton and Robert D. Nelson, both of Topeka, were with him on the brief for the appellant.

P.A. Townsend, of Topeka, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action filed by Mid-State Homes, Inc., a Florida corporation, against Charles W. Hockenbarger and Mary Ann Hockenbarger, his wife, to foreclose a real estate mortgage given by the Hockenbargers to secure a promissory note.

The trial court sustained a demurrer to the plaintiff's evidence and appeal has been duly perfected from such ruling.

The basic question is whether the evidence...

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