BANK OF WHITEWATER v. DECKER INVESTMENTS, INC.

No. 57,665

238 Kan. 308 (1985)

710 P.2d 1258

THE BANK OF WHITEWATER, Plaintiff-Appellee, v. DECKER INVESTMENTS, INC., et al., Defendants-Appellees, and AVCO FINANCIAL SERVICES OF TOPEKA, INC., and ASSOCIATES FINANCIAL SERVICES COMPANY OF KANSAS, INC., Defendants-Appellants, and BANK OF MID-AMERICA, Plaintiff-Appellee, v. COMPASS DEVELOPMENTS, INC., et al., Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1985.


Attorney(s) appearing for the Case

Charles S. Fisher, Jr., of Fisher, Heck and Wright, P.A., of Topeka, argued the cause and was on the brief for appellants AVCO Financial Services of Topeka, Inc. and Associates Financial Services Company of Kansas, Inc.

Richard V. Foote, of Matlack & Foote, P.A., of Wichita, argued the cause and was on the brief for appellee Bank of Whitewater.

Jack Focht, of Focht, Hughey & Hund, of Wichita, argued the cause and was on the brief for appellee Karl Umbach.

Orlin L. Wagner, of Wichita, argued the cause and Richard A. Macias and Wilbur D. Geeding, both of Wichita, were with him on the brief for appellees Star Lumber & Supply Co., Inc.; A.B. Masonry Construction, Inc.; and James C. Meadows and Roger D. Meadows d/b/a J & J Enterprises.


The opinion of the court was delivered by

HERD, J.:

This is a mortgage foreclosure action wherein two actions were consolidated — one filed by appellee Bank of Whitewater, and one filed by Bank of Mid-America.

After extensive discovery, Associates Financial Services of Kansas, Inc. (Associates); Avco Financial Services of Topeka, Inc. (AVCO); and Bank of Mid-America amended their answers to raise the issue of fraud as a defense to the prior...

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