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WOODS, EXECUTOR v. McQUEEN

No. 44,120

195 Kan. 380 (1965)

404 P.2d 955

REX WOODS, Executor of the Last Will and Testament of Genevra Williams, Deceased, Appellant, v. C.C. McQUEEN and FLORENCE McQUEEN, Appellees.

Supreme Court of Kansas.

Opinion filed August 17, 1965.

Attorney(s) appearing for the Case

A.L. Moffat, of Kinsley, argued the cause, and W.N. Beezley, of Kinsley, was with him on the brief for the appellant.

Rae E. Batt, of Kinsley, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

This is an action to recover the balance due on a promissory note and to foreclose a mortgage given to secure its payment. The trial court sustained the defendants' motion for summary judgment, and the plaintiff has appealed.

The essential facts, as disclosed by the pleadings, supporting affidavits and findings made by the trial court, are not complicated. In August 1947, the defendants, C.C. McQueen...

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