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MID KANSAS FEDERAL SAVINGS & LOAN ASS'N v. BINTER

No. 44,484

197 Kan. 106 (1966)

415 P.2d 278

MID KANSAS FEDERAL SAVINGS AND LOAN ASSOCIATION OF WICHITA, a Corporation, Appellee, v. DOROTHY BINTER, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

J. Francis Hesse, of Wichita, argued the cause, and Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L.D. Klenda, Charles M. Cline, Richard A. Loyd, Stephen M. Blaes, and Jack S. Ramirez, all of Wichita, were with him on the brief for the appellant.

Lewin E. Timmerman, of Wichita, argued the cause, and Carl A. Bell, Jr., of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action to foreclose a real estate mortgage wherein homestead rights are asserted by a wife as a bar to the suit because she did not consent to the execution of the mortgage.

There is no substantial dispute as to the facts. Appellant and her former husband, Doctor Paul A. Binter, owned their home in Wichita in joint tenancy. Doctor Binter died...

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