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UNIVERSITY STATE BANK v. BLEVINS

No. 50,018

227 Kan. 40 (1980)

605 P.2d 91

THE UNIVERSITY STATE BANK, A Kansas Banking Corporation, Plaintiff, v. LESLIE W. BLEVINS, JR., and MARILYN BLEVINS, Defendants-Appellants, LESLIE W. BLEVINS, SR., and OLETHA L. BLEVINS, Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed January 19, 1980.

Attorney(s) appearing for the Case

Jerry L. Donnelly, of Lawrence, was on the brief for the appellants.

John A. Emerson, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal from a final judgment on a cross-claim in a foreclosure action. The University State Bank filed the action against four members of the Blevins family, mortgagors, to foreclose a real estate mortgage. While the action was pending, the amount due the bank was paid in full and the property was sold to third persons. The proceeds were paid into court to await determination of the cross-claim...

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