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FOURTH NATIONAL BANK v. HILL

No. 40,564

181 Kan. 683 (1957)

314 P.2d 312

THE FOURTH NATIONAL BANK IN WICHITA, Appellee, v. FRED HILL and NELLIE B. HILL, His Wife; SAMMIE C. HILL; PRODUCERS LOAN COMPANY; FARMERS AND MECHANICS TRUST COMPANY; SECURITY NATIONAL BANK OF KANSAS CITY; NELSON H. POE; ALLEN H. POE and UNITED STATES OF AMERICA, Appellants.

Supreme Court of Kansas.

Opinion filed July 31, 1957.

Attorney(s) appearing for the Case

George Stallwitz and Richard W. Stavely, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, Ralph M. Hope, and Charles S. Lindberg, of Wichita, and R.C. Woodward and H.P. Woodward, of El Dorado, were with them on the briefs for appellants.

Dwight S. Wallace, of Wichita, argued the cause, and Jimmie E. Grey, Donald C. Tinker, Jr., of Wichita, and L.J. Bond and Robert Bond, of El Dorado, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This was an action to foreclose a real estate and chattel mortgage. Trial was by the court, and judgment was rendered for the plaintiff. Defendants Sammie C. Hill and Nelson H. Poe have appealed.

The action was commenced April 6, 1955, by The Fourth National Bank in Wichita, as plaintiff, hereafter referred to as Fourth, against the principal defendants Fred Hill and Nellie B. Hill, his wife; their...

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