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FIRST NATIONAL BANK OF MADISON v. HARRISON

No. 45,637

205 Kan. 315 (1970)

469 P.2d 344

THE FIRST NATIONAL BANK OF MADISON, KANSAS, Appellee, v. R.P. HARRISON, ROBERT REGAN, HARVEY GRAVES, COURTNEY L. QUICK, D.T. NORRIS, VIRGIL RADER, HENRY C. THOMPSON, DONNELL ROBINSON, REX LIVINGSTON and ORION E. SMITH, also known as O.E. SMITH, Appellants; ERMA ROUSH, Administrator of the Estate of Paul Roush, Deceased, et al., Defendants.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

John M. Wall, of Sedan, and James C. Pinkerton of Pinkerton and Pinkerton, of Tulsa, Okla., argued the cause and were on the brief for the appellants.

Harold G. Forbes, of Eureka, argued the cause and Dale L. Pohl, of Eureka, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action to foreclose a security interest in a number of cattle in possession of a rancher at the time of his death. In trial to the court the plaintiff bank prevailed. Ten defendants who claimed ownership to about two-thirds of the cattle have appealed.

This dispute stems from the cattle operations of Paul Roush, a reputable Greenwood county rancher, who was accidentally electrocuted August...

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