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CARRY, EXECUTRIX v. HOMER

No. 44,187

195 Kan. 475 (1965)

407 P.2d 538

ARZELA SEXTON CARRY, Executrix of the Estate of Laura Estella Sexton, Deceased, Appellant, v. W.O. HOMER, Appellee; (TOM GIVENS, CECILIA T. JONES, as the Executrix of the Last Will and Testament of Anna M. Jones, Deceased, and CECILIA T. JONES, Defendants).

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

Howard Harper, of Junction City, argued the cause, and was on the brief for the appellant.

Robert A. Schermerhorn, of Junction City, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This was an action to cancel a real estate contract and for possession of the property involved. The original plaintiff in the action, Laura Estella Sexton, is now deceased. Her daughter, Arzela Sexton Carry, as executrix of her will, has been substituted as party plaintiff and will hereafter be referred to as the plaintiff. We will refer to the defendant W.O...

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