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BOARD OF JOHNSON COUNTY COMM'RS v. KEARNEY

No. 54,513

8 Kan. App. 2d 534 (1983)

661 P.2d 823

BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Plaintiff, v. JAMES K. KEARNEY, Appellant/Cross-appellee, and BERTHA V. RUSSELL, Appellee/Cross-appellant.

Court of Appeals of Kansas.

Opinion filed April 14, 1983.

Attorney(s) appearing for the Case

Roy S. Bennett, Jr., of Bennett & Heaven, of Shawnee, for appellant/cross-appellee.

Barry D. Martin, of Hackler, Londerholm, Corder, Martin & Hackler, Chartered, of Olathe, for appellee/cross-appellant.

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

Petition for review denied 233 Kan. 1091 (1983).

ABBOTT, J.:

This is an appeal from a judgment setting aside that part of a tax foreclosure sale involving eleven acres of land in Johnson County, Kansas.

We believe the disposition of this appeal turns on whether the trial court erred in setting aside the tax foreclosure sale for failure of the defendant to file the affidavit required by K.S.A. 79-2804h prior to confirmation of the sale. K.S.A. 79-2804h...

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