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DAVIS-WELLCOME MORTGAGE CO. v. LONG-BELL LUMBER CO.

No. 41,018

184 Kan. 209 (1959)

336 P.2d 469

THE DAVIS-WELLCOME MORTGAGE COMPANY, A Corporation, Appellant, v. THE LONG-BELL LUMBER COMPANY, now International Paper Company, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1959.

Attorney(s) appearing for the Case

Milo M. Unruh, of Wichita, argued the cause, and Edward F. Arn, Richard F. Mullins, William P. Timmerman, H.R. Kuhn and C. W. Eisenbise, all of Wichita, were with him on the briefs for appellant.

Dale B. Stinson, Jr., of Wichita, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from a judgment in a mortgage foreclosure action, wherein the trial court determined the mechanic's lien of the appellee (one of the defendants in the trial court), to have priority over the mortgage lien of the appellant (plaintiff). This appeal is only from that part of the judgment which determined the priority between the respective liens...

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