NEVIN v. HOFFMAN

Nos. 456-69, 457-69.

431 F.2d 43 (1970)

George NEVIN, Guardian of the person and estate of Viola M. Nevin, an incompetent person, Appellant, v. Jay A. HOFFMAN and Hazel I. Hoffman, his wife, Appellees. George NEVIN, Guardian of the person and estate of Viola M. Nevin, an incompetent person, Appellant, v. Jay A. HOFFMAN and Hazel I. Hoffman, his wife, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 29, 1970.


Attorney(s) appearing for the Case

James W. Sargent, of Jochems, Sargent & Blaes, Wichita, Kan. (Bruce W. Zuercher and Richard A. Loyd, of Jochems, Sargent & Blaes, Wichita, Kan., on the brief), for appellant.

Harry E. Robbins, Jr., of Gamelson, Hiebsch, Robbins & Tinker, Wichita, Kan., (Brainard L. Anderson, Tribune, Kan., on the brief), for appellees.

Before ORIE L. PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

This appeal involves a diversity suit brought by appellant Nevin for cancellation of a deed under which appellees hold title to a section of land in Greeley County, Kansas. The case was tried to the court without a jury, and the trial judge made findings of fact and conclusions of law. On those findings and conclusions, the trial judge entered an order allowing appellant ninety days to provide for the payment of $67,000 to appellees, at which...

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