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HOOVER EQUIPMENT CO. v. SMITH

No. 44,610

198 Kan. 127 (1967)

422 P.2d 914

HOOVER EQUIPMENT COMPANY, a corporation, Appellant, v. NOLAND SMITH, (Defendant) and EDNA SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed January 21, 1967.

Attorney(s) appearing for the Case

Frank W. Thompson, of Iola, argued the cause, and Stanley E. Toland, of Iola, was with him on the brief for the appellant.

Robert F. Stadler, of Humboldt, argued the cause, and L.T. Cannon, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The Hoover Equipment Company, a corporation, filed an action to foreclose a mortgage on real estate in Allen county, Kansas. After issues were joined in the pleadings the action was dismissed by the trial court as against the defendant Edna Smith. A summary judgment was entered in favor of plaintiff and against the defendant Noland Smith for $121,445.97. The real estate was released from the lien of the...

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