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PIERCE v. BURTON, EXECUTRIX

No. 46,984

212 Kan. 458 (1973)

511 P.2d 217

EARL N. PIERCE, JR., Appellee, v. HELEN BURTON, Executrix of the Estate of Fannie D. Taylor, Deceased, Appellee and ANN W. GOEGGLE, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

Donald C. Tinker, Jr., of Gamelson, Hiebsch, Robbins & Tinker, of Wichita, was on the brief for the appellant.

Mearle D. Mason, of Hill, Mason, Graber & Gilchrist, of Wichita, was on the brief for appellee Earl N. Pierce, Jr.

MEMORANDUM OPINION

SPECIFIC PERFORMANCE — Purchase of Real Estate — Merchantable Title Could Not Be Furnished — Specific Performance Denied.

Per Curiam:

This is an appeal in a quiet title action in which the trial court denied appellant's demand for specific performance of a contract under which she sought to purchase real estate from a decedent's estate.

On March 1, 1971, the probate court of Sedgwick County...

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