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ALBERS v. NELSON

No. 65462.

809 P.2d 1194 (1991)

248 Kan. 575

Lorraine ALBERS and Ralph G. Luther, Jr., Appellees, v. Loring L. NELSON and Rosemary Nelson, Appellants.

Supreme Court of Kansas.

April 12, 1991.

Attorney(s) appearing for the Case

Henry O. Boaten, Junction City, argued and was on the brief, for appellants.

Walter P. Robertson, of Walter P. Robertson, Chtd., Junction City, argued, and Robert L. Constable, of Robert L. Constable, Chtd., Salina, was with him on the brief, for appellees.

HERD, Justice:

This is an ejectment action. Plaintiffs Lorraine Albers and Ralph Luther seek to recover possession of real estate sold to them by defendants Loring and Rosemary Nelson. The Nelsons resist, contending the sale agreement was intended as an equitable mortgage, and assert the contract is void based upon fraud and usury. The district court granted summary judgment to Albers and Luther, finding that the contract...

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