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TURNER, SECRETARY OF TRANSPORTATION v. GILBREATH

No. 50,223

3 Kan. App. 2d 613 (1979)

599 P.2d 323

O.D. TURNER, Secretary of Transportation of the State of Kansas, Appellee, v. L.A. GILBREATH, et al., Appellant.

Court of Appeals of Kansas.

Petition for review denied November 8, 1979.

Attorney(s) appearing for the Case

Ron Bodinson and L. Franklin Taylor of Payne & Jones, Chartered, of Olathe, for the appellant Margaret Sally Keach.

William O. Isenhour, Jr., of Soden, Eisenbrandt, Isenhour & Gates, of Mission, for the appellee The Mission State Bank and Trust Company.

Before SPENCER, P.J., SWINEHART and MEYER, JJ.

SPENCER, J.:

This is an appeal from a judgment directing apportionment of a highway condemnation award.

Defendant Margaret Sally Keach, together with other defendants not concerned on this appeal, were owners of undivided interests in the real estate taken. The Mission State Bank and Trust Company claims an interest in the real estate by virtue of a mortgage dated November 3, 1971, which purportedly was executed by Keach and acknowledged before Inez Ludwig...

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