STOCKYARDS NATIONAL BANK v. CAPITOL STEEL & IRON CO.

No. 45,038

201 Kan. 429 (1968)

441 P.2d 301

STOCKYARDS NATIONAL BANK, Appellant, v. CAPITOL STEEL AND IRON COMPANY, a corporation, Appellee; KANSAS STEEL CORPORATION, et al., Defendants.

Supreme Court of Kansas.

Opinion filed June 8, 1968.


Attorney(s) appearing for the Case

Earl M. Clarkson, Jr., of Wichita, argued the cause, and Wilmer E. Goering, and Michael J. Silver, both of Wichita, were with him on the brief for the appellant.

Edward H. Graham, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Ralph M. Hope, Ronald M. Gott, Glenn D. Young, Jr., and Jerry D. Bogle, all of Wichita, were with him on the brief for the appellee.


The opinion of the court was delivered by

HARMAN, C.:

This is a dispute between first and second mortgagees over part of the sale proceeds of real estate sold under mortgage foreclosure.

The action arose out of indebtedness incurred by the Kansas Steel Corporation and was commenced January 31, 1966, by the filing of a petition against it by the appellant Stockyards National Bank. Others claiming liens against the property of Kansas Steel, including...

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