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FIDELITY SAVINGS ASS'N v. WITT

No. 53,802

8 Kan. App. 2d 640 (1983)

665 P.2d 1108

FIDELITY SAVINGS ASSOCIATION OF KANSAS, Appellee, v. BERNIE T. WITT, III, et al., Defendants; FISHER LUMBER COMPANY, INC., C.A.P. SERVICE CO., and THE WALT KEELER COMPANY, INC., Defendants, Appellants, BUCK ALLEY LUMBER, INC., Defendant, Cross-appellant, and AIR CAPITOL SERVICE CORPORATION, Defendant, Appellee.

Court of Appeals of Kansas.

Opinion filed February 3, 1983.

Attorney(s) appearing for the Case

Vincent L. Bogart, of Wichita, for appellant Fisher Lumber Company, Inc.

Rodney R. Peer, of Blase & Peer, P.A., of Wichita, for appellants The Walt Keeler Company, Inc., and C.A.P. Service Co.

M. Ralph Baehr, of Nieto, Baehr & Hollander, of Wichita, for appellee Fidelity Savings Association of Kansas.

David G. Arst, of Arst & Arbuckle, of Wichita, for appellee Air Capitol Service Corporation.

James M. Armstrong and E. Eugene Clark, of Foulston, Siefkin, Powers & Eberhardt of Wichita, for amicus curiae, The Kansas Bankers Association.

Before MEYER, P.J., ABBOTT and SWINEHART, JJ.

ABBOTT, J.:

This is an appeal by mechanic's lienholders from the trial court's judgment granting priority to the mortgages of Fidelity Savings Association of Kansas (Fidelity). The lienholders contend their liens should have been granted priority over Fidelity's mortgages.

The salient facts do not appear to be in dispute. Fidelity made a number of loans to Bernie T. Witt, III, and Cheryl K. Witt. The Witts executed separate notes and mortgages on individual...

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