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WEATHERHEAD v. BOETTCHER

No. 49,959

3 Kan. App. 2d 261 (1979)

593 P.2d 420

HOWARD B. WEATHERHEAD and DARRELL BILHIMER, Appellees, v. DENNIS BOETTCHER, Appellant.

Court of Appeals of Kansas.

Opinion filed April 13, 1979.

Attorney(s) appearing for the Case

M. Warren McCamish of Williamson, Cubbison, Hardy & Hunter, of Kansas City, for the appellant.

Dennis McFall and Jerry L. Donnelly, of Lawrence, for the appellees.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

SWINEHART, J.:

Plaintiffs brought this replevin action for recovery of a race car and other items. Defendant answered, denying wrongful possession, claiming a lien pursuant to K.S.A. 58-201 for work done, and seeking judicial enforcement by foreclosure of the lien. At the time of the filing of his answer, the defendant had possession of the car. Thereafter, during settlement negotiations, it was agreed that he would surrender possession to the plaintiffs pending judicial...

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