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EUREKA FEDERAL SAVINGS & LOAN ASSN. v. LONG

No. 43,134

191 Kan. 249 (1963)

380 P.2d 439

EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation, Appellee, v. JESSE J. LONG and FLORA C. LONG, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Roscoe W. Graves, of Emporia, argued the cause and was on the brief for the appellants.

Karl W. Masoner, of Cottonwood Falls, argued the cause, and Edward E. Pedroja, of Eureka, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court refusing to open a default judgment on the ground that it was irregularly obtained.

The primary question is whether the default judgment foreclosing two mortgages and setting the period of redemption at six months was irregularly obtained.

The appellants contend the mortgages were not purchase money mortgages, and that the redemption...

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