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MID-CONTINENT SUPPLY CO. v. HAUSER

Nos. 39,067 and 39,112

176 Kan. 9 (1954)

269 P.2d 453

MID-CONTINENT SUPPLY COMPANY, a Corporation, and H.O. LYNCH, Receiver, Appellees, v. FRED M. HAUSER, LLOYD HAUSER, and NOLAN HAUSER, Appellants.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

Fred L. Conner, of Great Bend, argued the cause, and T.B. Kelley, of Great Bend, and Samuel Mezansky, of New York City, N.Y., were with him on the briefs for the appellants.

Richard Jones, of Wichita, argued the cause, and R.C. Russell, Isabel Obee, Don C. Foss, all of Great Bend, and A.W. Hershberger, J.B. Patterson, Wm. P. Thompson, H.E. Jones, and Jerome E. Jones, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to foreclose a mortgage covering two oil and gas leaseholds. The question in controversy is whether the funds from oil production from said leaseholds in the hands of the operating receiver should be applied to the unsatisfied part of the first or second mortgagee's judgments. The appellee Mid-Continent Supply Company, a corporation, will be hereinafter referred to as plaintiff or first...

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