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both petitioner and Ms. Bledsoe, and she was granted the entire
three-fourths interest in the adjacent land. She was thus
required to assume liability for a note and mortgage on that land
which was payable to Resthaven.
In 1983, after Ms. Bledsoe did not make certain payments,
Resthaven sued her to recover the $14,250 due on the note and to
foreclose the mortgage. She counterclaimed, alleging that
Resthaven had not paid her certain amounts to which she was
entitled under the land option contracts, and that she was not
provided with her annual accounting to which she was entitled.
In its 1983 petition with the District Court of Sedgwick County,
Kansas, Resthaven based its claim on the 1981 divorce decree and
alleged that Ms. Bledsoe had failed to comply with the divorce
decree. Resthaven's proceeding was ultimately consolidated with
the divorce proceeding; both cases were resolved in 1989. The
State appellate proceedings, to which the legal fees relate,
concerned the property division between petitioner and Ms.
Bledsoe. For instance, the court was to determine the value of
certain property awarded to Ms. Bledsoe and her rights under the
divorce decree.
During 1987 and 1988, Resthaven paid the consolidated
litigation legal costs in the amounts of $88,199 and $37,419,
respectively. The legal costs included payments for the divorce
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