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MUTUAL LIFE INS. CO. v. BERNASEK

No. 56,193

235 Kan. 726 (1984)

682 P.2d 667

THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, A NEW YORK, Corporation, Appellee, v. DONALD E. BERNASEK and MERLE L. BERNASEK, Appellants, OKETO STATE BANK; W.R. GRACE & CO.; and FARMERS GROUP PURCHASING, INC., Defendants.

Supreme Court of Kansas.

Opinion filed June 8, 1984.

Attorney(s) appearing for the Case

Jan M. Hamilton, of Hamilton, Peterson, Tipton & Muxlow, of Topeka, argued the cause and Dennis V. Lacey, of the same firm, was with him on the brief for appellants.

Ford R. Nelson, Jr., of Dietrich, Davis, Dicus, Rowlands, Schmitt & Gorman, of Kansas City, Missouri, argued the cause and Linda J. Gershon, of the same firm, and Kenneth V. Moses, of Marysville, were with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is an action to foreclose a real estate mortgage. Mutual Life Insurance Company of New York (MONY), plaintiff/appellee, is the mortgagee and Donald E. Bernasek and Merle L. Bernasek, his wife, defendants/appellants, are the mortgagors. Oketo State Bank, W.R. Grace & Company, and Farmers Group Purchasing, Inc., defendants, are lienholders of the Bernaseks, junior to MONY. This appeal is from the trial...

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