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SHAWNEE STATE BANK v. NORTH OLATHE INDUSTRIAL PARK, INC

No. 50,433

228 Kan. 231 (1980)

613 P.2d 1342

SHAWNEE STATE BANK, Plaintiff-Appellee, v. NORTH OLATHE INDUSTRIAL PARK, INC., Defendant-Third Party Plaintiff-Appellant, ROSEDALE STATE BANK AND TRUST COMPANY, Defendant-Third Party Plaintiff-Appellee, NORTH OLATHE WAREHOUSE ASSOCIATES, a Missouri limited partnership, Third Party Defendant-Appellee, DAVID L. CURRY, an individual, Third Party Defendant-Appellee, SECURITY TITLE COMPANY, INC., Third Party Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

Bruce W. Pitzer, of Shawnee Mission, argued the cause and Hallet C. Parrish, of Merriam, was with him on the brief for the appellant.

Barton P. Cohen, of Overland Park, argued the cause and was on the brief for Rosedale State Bank and Trust Company, appellee.

Howard S. Levitan, of Prairie Village, argued the cause and was on the brief for North Olathe Warehouse Associates, appellee.

Fred J. Logan, Jr., of Overland Park, argued the cause and was on the brief for Security Title Company, Inc., appellee.

No appearance by Shawnee State Bank and David L. Curry, appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from judgments entered in an action to foreclose mortgages on Lot 4, North Olathe Industrial Park, a subdivision in the City of Olathe, Johnson County, Kansas. The plaintiff, Shawnee State Bank, was the holder of a second mortgage. North Olathe Industrial Park, Inc. (Industrial Park) was the record title owner of Lot 4.

The defendant-third party plaintiff, Rosedale State Bank and...

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