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POTEET v. SIMMONS

No. 38,225

171 Kan. 86 (1951)

229 P.2d 747

B.H. POTEET and SUPERIOR INSURANCE COMPANY, a corporation, Appellees, v. CHARLES SIMMONS, Appellee, and McCANN MOTOR COMPANY, INC., a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

Aubrey Neale, of Coffeyville, argued the cause, and A.D. Weiskirch and Manford Holly, both of Wichita, were with him on the briefs for the appellant.

Joe T. Rogers, of Wichita, argued the cause, and Roy L. Rogers, also of Wichita, was with him on the briefs for appellee Charles Simmons.

The opinion of the court was delivered by

WERTZ, J.:

This action in replevin was commenced by plaintiffs B.H. Poteet and the Superior Insurance Company, a corporation, against defendant Charles Simmons. Plaintiffs allege in their petition as amended against defendant Simmons that B.H. Poteet is the owner and entitled to immediate possession of a 1949 Mercury automobile (describing same) and that plaintiff Superior Insurance Company has a special ownership...

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