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LENEXA STATE BANK & TRUST CO. v. DIXON

No. 48,095

221 Kan. 238 (1977)

559 P.2d 776

LENEXA STATE BANK & TRUST COMPANY, Appellant, v. THOMAS R. DIXON, et al., Appellees. PETZOLD DEVELOPMENT CO., INC., Appellee, v. LENEXA STATE BANK & TRUST COMPANY, Appellant, and THOMAS R. DIXON, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 7, 1977.

Attorney(s) appearing for the Case

Richmond M. Enochs, of Wallace, Saunders, Austin, Brown and Enochs, of Overland Park, argued the cause and was on the brief for the appellant.

Roy G. Lowe, of Lowe, Terry and Roberts, of Olathe, argued the cause, and Frederick Farmer, of the same firm, was with him on the brief for the appellees Elton Meireis and Marvin Scott.

The opinion of the court was delivered by

FOTH, C.:

The question in this case is the effect of a mortgage foreclosure action, resulting in a judicial sale, on the rights of four junior mechanics' lienholders who were not parties to the foreclosure suit. The trial court held that the mechanics' liens were unaffected by the prior foreclosure, and ordered that they be foreclosed by a second sale. The mortgagee, who had purchased the property at the mortgage foreclosure...

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