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IN RE ESTATE OF WOODSON

No. 39,685

177 Kan. 717 (1955)

282 P.2d 402

In the Matter of the Estate of GWEN WOODSON, a Minor. G.M. WOODSON and GRACE WOODSON, Appellants, v. GUY M. WOODSON, JR., and LUCY GRACE WOODSON, GWEN WOODSON, a Minor, and WILL T. WRIGHT, Guardian of GWEN Woodson, Appellees.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

Max Wyman, of Hutchinson, argued the cause and Don Wyman, of Hutchinson, was with him on the briefs for the appellants.

J. Richards Hunter, of Hutchinson, argued the cause, and Walter F. Jones, Harry H. Dunn and John G. Atherton, all of Hutchinson, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to set aside deeds to real property or in the alternative to enforce a contract for rents and profits, and in a second cause of action to foreclose a mortgage on the same real estate. The motion of defendants to compel plaintiff to elect between two alleged theories upon which he relied was sustained. Plaintiffs have appealed.

At the outset, it is deemed wise to clarify the relationship...

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