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RILING, EXECUTOR v. CAIN

No. 44,787

199 Kan. 259 (1967)

428 P.2d 789

JOHN J. RILING, Executor of the Will and Estate of Mary F. Priest, Appellant, v. DAN O. CAIN, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1967.

Attorney(s) appearing for the Case

Eugene C. Riling, of Lawrence, argued the cause, and John J. Riling, of Lawrence, was with him on the brief for the appellant.

M.D. Bartlow, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The dispute in this lawsuit centers upon who is entitled to the 1964 rent from a Douglas County farm: the plaintiff, John J. Riling, as Kansas executor of the Mary F. Priest estate, or the defendant, Dan O. Cain, as purchaser of the farm from Mrs. Priest's devisees. The rent was paid to the purchaser, Cain, by the tenant who farmed the land, and the executor, Riling, has sued to recover the same on behalf...

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