Gille v. Emmons

The opinion of the court was delivered by

Smith, J.:

The preliminary facts out of which this action arose are stated in Gille v. Enright, 73 Kan. 245, 84 Pac. 992. As will be seen by a reading of that case, some of the issues upon which this action is founded were attempted to be raised in that case but were held unnecessary to the decision and were not decided.

The real issue in this case is whether Mrs. Emmons repurchased from Hobbs, through D. R. Emmons as her agent, the lots which had previously been owned by her and sold in the foreclosure proceedings, and instead of taking the title in…