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INDIAN SPRINGS STATE BANK v. KELLEY'S AUTO SUPPLY

No. 55,328

9 Kan. App. 2d 211 (1984)

675 P.2d 379

INDIAN SPRINGS STATE BANK, Plaintiff-Appellee, and WESTGATE STATE BANK, Plaintiff, v. KELLEY'S AUTO SUPPLY, INC., et al., Defendants, and DONNA JO RIVES formerly DONNA JO GOIN, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed January 26, 1984.

Attorney(s) appearing for the Case

Richard L. Reid, of Kansas City, for the appellant.

Laurence M. Jarvis, of Laurence M. Jarvis, Chartered, of Kansas City, for the appellee.

Before ABBOTT, P.J., PARKS, J., and HARRY G. MILLER, District Judge Retired, assigned.

MILLER, J.:

The only parties involved in this appeal are Indian Springs State Bank, appellee, and Donna Jo Rives, appellant. The appellant has appealed from a ruling of the trial court that her claim of usury was neither a successful defense nor counterclaim in a mortgage foreclosure action brought by the appellee bank.

On February 2, 1977, the appellant and her former husband, Phillip Goin, borrowed $110,000 from the appellee for the purpose of acquiring...

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