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KANSAS BANKERS SURETY CO. v. SCOTT

No. 49,149

225 Kan. 200 (1979)

589 P.2d 575

KANSAS BANKERS SURETY COMPANY, Appellant, v. ELOUISE SCOTT, Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1979.

Attorney(s) appearing for the Case

Ronald R. Hein, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, argued the cause, and Myron L. Listrom and Thomas L. Theis, of the same firm, were on the brief for the appellant.

Robert D. Hecht, of Scott, Quinlan & Hecht, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This was a suit seeking declaration of a constructive trust on a 1971 Lincoln Continental automobile. Judgment in the alternative was entered in favor of plaintiff, Kansas Bankers Surety Company. That is, defendant Elouise Scott was required to give plaintiff possession of the automobile or pay $2,865.00. No appeal was taken from this judgment. Several months later a dispute arose as to the manner of...

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