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INTERNATIONAL HARVESTER CREDIT CORP. v. ROSS

No. 47,719

217 Kan. 683 (1975)

538 P.2d 655

INTERNATIONAL HARVESTER CREDIT CORPORATION, Appellant, v. JOHN H. ROSS, Appellee, and ELMER ANDERSON, Garnishee-Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1975.

Attorney(s) appearing for the Case

Michael J. Grady and Roger K. Viola, both of Cosgrove, Webb & Oman, of Topeka, were on the brief for the appellant.

Frank D. Oberg, of Clay Center, was on the brief for the appellee.

Per Curiam:

The question presented by this appeal is whether a judgment creditor, who is barred by K.S.A. 1974 Supp. 60-2414 (o) from foreclosing certain real property belonging to a judgment debtor, can garnish proceeds obtained by the debtor as a result of a voluntary sale of the real property.

The facts are not in dispute. In October, 1969, appellee, John H. Ross, purchased a combine under a retail installment sales contract from Auld Chevrolet...

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