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CENTURY SAVINGS ASS'N v. C. MICHAEL FRANKE & CO.

No. 56,289

9 Kan. App. 2d 776 (1984)

689 P.2d 915

CENTURY SAVINGS ASSOCIATION OF KANSAS, Appellee, v. C. MICHAEL FRANKE & COMPANY, INC.; WILLIAM E. LOGAN, d/b/a MISSION-WESTPORT INVESTMENTS; and EARL L. WILLIAMS, Trustee of the TWK EMPLOYEES' PROFIT SHARING PLAN AND TRUST AGREEMENT and TWK EMPLOYEES' MONEY PURCHASE PENSION PLAN AND TRUST AGREEMENT, Appellants.

Court of Appeals of Kansas.

Opinion filed October 25, 1984.

Attorney(s) appearing for the Case

C. Maxwell Logan and Nancy Schmidt Roush, of Logan & Martin, of Overland Park, for appellants.

Mary Stuckey Cofran and Wilson E. Speer, of Speer, Austin, Holliday & Ruddick, of Olathe, for appellee.

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

ABBOTT, J.:

This is an appeal from a judgment in a declaratory judgment action holding that a "transfer of title" of mortgaged real estate had occurred, thus triggering the acceleration clause of a promissory note held by the plaintiff, Century Savings Association of Kansas (Century).

The parties stipulated to the facts. Highly summarized, in 1976 Century's predecessor, Kansas Savings & Loan Association, loaned $500,000 to C. Michael Franke & Company...

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