IN RE ESTATE OF DAHN

No. 45,525

204 Kan. 535 (1970)

464 P.2d 238

In the Matter of the Estate of Louis P. Dahn, Deceased, (MAMIE L. DAHN, Appellant, v. BILL MURRAY, Executor, Appellee) and W.W. TRAILER SALES, INC., Plaintiff and Appellee, v. MAMIE L. DAHN, Defendant and Third Party Plaintiff, Appellant, v. THE FOURTH NATIONAL BANK & TRUST COMPANY, Wichita, Third Party Defendant and Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1970.


Attorney(s) appearing for the Case

Ralph E. Gilchrist, of Wichita, argued the cause, and Carl L. Buck, Stephen K. Lester, and Brian J. Moline, of Wichita, and Eldon L. Meigs, of Pratt, were with him on the brief for the appellant.

Jerry G. Elliott, of Wichita, argued the cause, and Robert C. Foulston, Robert M. Siefkin, George B. Powers, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Benjamin C. Langel, Phillip S. Frick, John E. Foulston, Stanley G. Andeel, John E. Neal, Frederick L. Haag and Richard D. Ewy, all of Wichita, were with him on the brief for the appellee, W.W. Trailer Sales, Inc.

John D. Megaffin, of Pratt, argued the cause, and M.C. Bucklin, also of Pratt, was with him on the brief for the appellee, The Fourth National Bank & Trust Company.

Bill Murray, of Pratt, argued the cause, and B.V. Hampton and Bill Hampton, Jr., also of Pratt, were with him on the brief for the appellee, Executor of the Estate of Louis P. Dahn, Deceased.


The opinion of the court was delivered by

FONTRON, J.:

This appeal is concerned with two lawsuits: one is a claim by Mamie L. Dahn against the estate of her deceased husband, Louis P. Dahn; the other is an action filed in district court by W.W. Trailer Sales, Inc. against Mamie Dahn seeking to recover a deficiency remaining due after public sale of a mobile home purchased under a conditional sales contract. In the latter action Mamie filed a cross petition...

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