SCHULTE v. FRANKLIN

No. 51,548

6 Kan. App. 2d 651 (1981)

633 P.2d 1151

RAYMOND R. SCHULTE and HENRIETTA H. SCHULTE, husband and wife, Appellants and Cross-appellees, v. KENNETH L. FRANKLIN, Appellee and Cross-appellant.

Court of Appeals of Kansas.

Opinion filed August 21, 1981.


Attorney(s) appearing for the Case

Selby S. Soward, of Goodland, for appellants and cross-appellees.

Robert J. Lewis, Jr. and H. Scott Beims, of Lewis, Lewis & Beims, of Atwood, for appellee and cross-appellant.

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


REES, J.:

In this action brought for possession of land founded upon claim of ownership, plaintiffs appeal from a judgment holding the warranty deed given them by defendant Kenneth Franklin dated June 3, 1977, was an equitable mortgage and ordering foreclosure. Plaintiffs also complain of the trial court ruling that certain charges and fees contained in a contemporaneous agreement were usurious. Defendant cross-appeals from that part of the judgment prohibiting his...

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