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UNITED STATES FIDELITY & GUARANTY CO. v. ADAMS

No. 47,854

219 Kan. 109 (1976)

547 P.2d 712

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. DAVID H. ADAMS and MARY M. ADAMS, (Ralph R. Thompson, et al.) Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

W.A. Bonwell, Jr., of Bonwell & Fry, of Wichita, argued the cause, and was on the brief for the appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Robert C. Foulston, was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal from a judgment denying the plaintiff-appellant, United States Fidelity & Guaranty Company, a writ of assistance to place it in possession of premises acquired by sheriff's deed in a mortgage foreclosure proceeding. The defendants-appellees are David H. Adams and Mary M. Adams. The facts in this case have been stipulated by the parties and...

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