Gardner v. Spurlock

The opinion of the court was delivered by This was an action for specific performance of a written
contract to repurchase certain farm land. Trial was by the court,
and judgment was rendered for the defendants. The plaintiff has
appealed from the judgment and the order overruling her motion
for a new trial. Pertinent facts are summarized and quoted as follows: The
appellant, Mary Gardner, a widow in her eighties, was on January
11, 1957, and for many years prior thereto, the owner of 77 acres
of land off the south side of the Southwest Quarter, Section 29,
Township 16, Range 25, Miami county, Kansas. One Rogers held a
mortgage upon the property and had secured a judgment in
foreclosure; the land was advertised for sale by the sheriff, but
had not been sold. There was another mortgage on the land in
favor of a bank in Peculiar, Missouri.