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EMPORIA STATE BANK & TRUST CO. v. MOUNKES

No. 47,166

214 Kan. 178 (1974)

519 P.2d 618

EMPORIA STATE BANK AND TRUST COMPANY, Appellees, v. HAROLD L. MOUNKES and BETTY L. MOUNKES, Appellants.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

C. Bruce Works, of Topeka, argued the cause and was on the brief for the appellants.

James W. Putnam, of Putnam and Mankin, of Emporia, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The Emporia State Bank and Trust Company brings this action to foreclose a real estate mortgage. The defendants, Mr. and Mrs. Mounkes, filed an answer and cross petition. The court rendered personal judgment against the defendants for $1651.51 and a judgment in rem for $5911.53. The mortgage was foreclosed as to both sums. Judgment was also entered in favor...

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