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GARNETT STATE SAVINGS BANK v. TUSH

No. 53,714

232 Kan. 447 (1983)

657 P.2d 508

THE GARNETT STATE SAVINGS BANK, A Kansas Banking Corporation, Appellant, v. GEORGE M. TUSH, JR., JACQUELYN TUSH, a/k/a JACKY TUSH, and RONALD TUSH, Appellees.

Supreme Court of Kansas.

Opinion filed January 14, 1983.

Attorney(s) appearing for the Case

Terry Jay Solander, of Loughridge & Solander, of Garnett, argued the cause and was on the brief for appellant.

Richard L. Hines, of Hines, Wood & Ahlquist, of Erie, argued the cause and was on the brief for appellee George M. Tush, Jr.

Orville J. Cole, of Cole & Doering, of Garnett, argued the cause and was on the brief for appellee Jacquelyn Tush.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the plaintiff Garnett State Savings Bank, Garnett, Kansas, (Bank), in an action filed against George M. Tush, Jr., and his wife, Jacquelyn Tush (Tushes), to recover money due under a series of notes executed by the Tushes and to foreclose their interest under a contract of sale of real estate. Following trial to the court, judgment was entered for the defendants. The Bank has appealed...

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