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BERGER v. BIERSCHBACH

No. 45,131

201 Kan. 740 (1968)

443 P.2d 186

MILTON BERGER (a/k/a MILTON J. BERGER) and MARTHA BERGER (a/k/a MARTHA M. BERGER), Appellees, v. JOHN H. BIERSCHBACH, Appellant.

Supreme Court of Kansas.

Opinion filed July 13, 1968.

Attorney(s) appearing for the Case

Edgar Wm. Dwire, of Wichita, argued the cause and was on the brief for the appellant.

Kenneth G. Speir, of Newton, argued the cause and Vernon A. Stroberg, Herbert H. Sizemore, and Richard F. Hrdlicka, all of Newton, were with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

This appeal stems from a judgment of the Harvey County District Court adjudging that a warranty deed given by the plaintiffs, Milton and Martha Berger, to the defendant, John H. Bierschbach, was an equitable mortgage and that the defendant should reconvey the land to plaintiffs upon payment of their indebtedness into court. The plaintiffs have paid the money into court, but the defendant has refused to...

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