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UNION NATIONAL BANK & TRUST CO. v. ACKER

No. 47,052

213 Kan. 491 (1973)

516 P.2d 999

UNION NATIONAL BANK AND TRUST CO., Manhattan, Kansas, Appellant, v. STEVENS B. ACKER and GLENNA ANN ACKER, Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

Howard Harper, of Harper, Hornbaker & Abbott, of Junction City, argued the cause, and C. Robert Bell, of Morris, Laing, Evans & Brock, Chartered, of Wichita, was with him on the brief for the appellant.

William F. Kluge, III, of Lambdin & Kluge, Chartered, of Wichita, argued the cause and was on the brief for Glenna Ann Acker, appellee.

The opinion of the court was delivered by

KAUL, J.:

The appellant, Union National Bank of Manhattan, hereafter referred to as the Bank, brought this action to impress an equitable mortgage upon a house in Wichita.

In December of 1966, Stevens and Glenna Acker, husband and wife, resided in Wichita. They desired to build a new home and initiated construction with $6,000.00 of their own money. In January 1967, Stevens, through his father William Acker...

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