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OVERLAND PARK SAVINGS & LOAN ASS'N v. BRADEN

No. 52,706

6 Kan. App. 2d 876 (1981)

636 P.2d 797

THE OVERLAND PARK SAVINGS AND LOAN ASSOCIATION, Appellee, v. EARL WAYNE BRADEN, BEVERLY SUE BRADEN; CAPITOL FEDERAL SAVINGS AND LOAN ASSOCIATION; DIAL FINANCE COMPANY OF KANSAS CITY; Defendants. KIMBERLING PROPERTIES, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed November 19, 1981.

Attorney(s) appearing for the Case

Douglas Lancaster, of North, Lancaster & Dickson, of Overland Park, for appellant.

Roy S. Bennett, Jr., of Bennett & Heaven, of Shawnee, for appellee.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and HARMAN, C.J. Retired, assigned.

HARMAN, C.J. Retired:

This is a mortgage foreclosure proceeding against two individual owners of two separate tracts of real estate. Kimberling Properties, Inc., a corporation which had not been a party to the proceeding, purchased one of the two tracts from the owners during the pendency of the suit. In the foreclosure judgment it was given redemption rights as to that tract. Later it moved to set aside the order of confirmation of sheriff's sale as to the one tract...

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