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TOPEKA SAVINGS ASSOCIATION v. BECK

No. 44,789

199 Kan. 272 (1967)

428 P.2d 779

THE TOPEKA SAVINGS ASSOCIATION, a Corporation, Appellee, v. CHARLES E. BECK and ULDINE W. BECK, His Wife, Appellees, J.E. HEIDE, Appellant; and JOHN LEFTWICH.

Supreme Court of Kansas.

Opinion filed June 10, 1967.

Attorney(s) appearing for the Case

M.D. Bartlow, of Topeka, argued the cause, and was on the brief for the appellant.

Donald D. Barry, of Topeka, argued the cause, and A. Harry Crane, Ward D. Martin, Arthur L. Claussen, Harvey D. Ashworth, and John R. Hamilton, of Topeka, were with him on the brief for the appellee, The Topeka Savings Association.

Jack A. Quinlan, of Topeka, argued the cause, and T.M. Murrell, George A. Scott, and Kay McFarland, of Topeka, were with him on the brief for the appellees, Charles E. Beck and Uldine W. Beck.

The opinion of the court was delivered by

O'CONNOR, J.:

This action was commenced by the Topeka Savings Association, hereafter referred to as TSA, to foreclose a real estate mortgage executed by Dr. Charles E. and Uldine W. Beck, husband and wife. The only controversy in the case is between the appellees Beck and J.E. Heide, appellant, concerning who is the legal owner(s) of the property and entitled to the rents and profits therefrom during the period of...

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