GILMER v. KANSAS CITY WEST LAND CO.

No. 48,340

1 Kan. App. 2d 509 (1977)

571 P.2d 36

BEN S. GILMER, et al., as Trustees of TRI-SOUTH MORTGAGE INVESTORS, Appellants, v. KANSAS CITY WEST LAND COMPANY, INC., et al., Appellees.

Court of Appeals of Kansas.

Opinion filed August 5, 1977.


Attorney(s) appearing for the Case

Paul Hasty, Jr., and Richmond M. Enochs, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, for the appellants.

Edward H. Powers, Sr., of Kansas City, Kansas, and Robert E. Fabian, of McAnany, Van Cleave & Phillips, of Prairie Village, for the appellees.

Before HARMAN, C.J., FOTH and SPENCER, JJ.


FOTH, J.:

The basic issue in this case is whether a foreign business trust must qualify to do business in this state if its only activity here is to lend money secured by a mortgage on Kansas real estate. The trial court found that the foreign business trust operated by plaintiffs was required to qualify, and restrained further proceedings in this suit to foreclose a mortgage on Kansas real estate until it did so. Plaintiffs have appealed from that ruling, and the...

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