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CAPITOL FED'L SAVINGS & LOAN v. YOUKER

No. 50,330

4 Kan. App. 2d 379 (1980)

607 P.2d 80

CAPITOL FEDERAL SAVINGS & LOAN ASSOCIATION, a Corporation, Plaintiff, v. ROBERT W. YOUKER, Defendant-Appellant, v. J.R. SHERMAN, Appellee and Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed February 29, 1980.

Attorney(s) appearing for the Case

Mark A. Corder, of Hackler, Londerholm, Speer, Austin & Holliday, of Olathe, for the appellant.

Phillip A. Miller and William Grimshaw of McCaffree & Grimshaw, Chartered, of Olathe, for the appellee and cross-appellant.

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

PARKS, J.:

This appeal involves the redemption of real property sold under an order of sale. The defendant owner, Robert W. Youker, appeals from an order which required him to pay at redemption a higher interest rate than that of his mortgage. The purchaser, J.R. Sherman, cross-appeals and contends that the trial court erred when it upheld a local court rule which authorized the redemption funds to be held by the clerk of the district court.

In late 1977,...

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