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POLK COUNTY FED'L SAVINGS & LOAN ASS'N v. WEATHERS

No. 55,331

234 Kan. 410 (1983)

672 P.2d 596

POLK COUNTY FEDERAL SAVINGS AND LOAN ASSOCIATION OF DES MOINES, Appellee, v. NORMAN WILFORD WEATHERS, and MORDINE WEATHERS, husband and wife, Appellants.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

John T. Flannagan, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellants.

R. Scott Beeler, of Gage & Tucker, of Overland Park, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from a trial court order holding a mortgage lien survives bankruptcy independent of the proceeding.

On November 17, 1978, Norman W. Weathers and Mordine Weathers, in consideration of a loan of $49,000, executed their note secured by a mortgage on their Olathe home to the Missouri Valley Investment Company. The mortgage, which was properly filed and recorded, was later assigned to...

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