ANCHOR SAVINGS & LOAN ASS'N v. DYSART

No. 42,407

189 Kan. 147 (1962)

368 P.2d 293

ANCHOR SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellee, v. JOHN DYSART and LUCILE DYSART, His Wife, Appellants.

Supreme Court of Kansas.

Opinion filed January 20, 1962.


Attorney(s) appearing for the Case

Samuel C. Jackson, of Topeka, argued the cause, and Elisha Scott, John J. Scott, and Charles S. Scott, all of Topeka, were with him on the briefs for the appellants.

Everett Fritz, of Kansas City, argued the cause, and Frank Menghini, of Kansas City, and William E. Stillings, of Atchison, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, C.J.:

This case stems from a mortgage foreclosure action and is here on appeal from an order of the trial court refusing to vacate a default judgment rendered against the defendants in the court below.

The pertinent facts, events and circumstances necessary for a proper understanding of the appellate issues involved may be stated thus:

On October 22, 1957, John and Lucile Dysart (defendants...

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