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BENTON v. BENTON

No. 47,502

215 Kan. 875 (1974)

528 P.2d 1244

MARY M. BENTON, Appellant, v. A. EUGENE BENTON, Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Donald E. Shultz, of Shultz and Shultz, Chartered, of Dodge City, argued the cause and was on the brief for the appellant.

J. Stephen Nyswonger, of Braun and Nyswonger, of Garden City, argued the cause, and Lelyn J. Braun, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This action was commenced as one to quiet title to a quarter section of land in Gray county. The trial court found that plaintiff was not the absolute owner of the land, but instead was the mortgagee under an equitable mortgage. It gave her judgment for the underlying debt and strictly foreclosed the mortgage, but also gave the defendant mortgagor a forty-five day redemption period. In so doing the court...

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