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RAM CO. v. ESTATE OF KOBBEMAN

No. 56,408

236 Kan. 751 (1985)

696 P.2d 936

THE RAM COMPANY, INC., Plaintiff, v. THE ESTATE OF CLYDE K. KOBBEMAN, DECEASED; ESTHER J. KOBBEMAN, EXECUTOR OF THE LAST WILL & TESTAMENT OF CLYDE KOBBEMAN, DECEASED; ESTHER J. KOBBEMAN, a/k/a A. ESTHER KOBBEMAN; HI-PLAINS ELEVATOR MACHINERY, INC. (formerly KOML, Inc.), a Kansas Corporation; CLYDE K. KOBBEMAN, JR., individually and as parent of MEREDITH L. KOBBEMAN; MEREDITH L. KOBBEMAN, a minor; LAURA JO ANN KOBBEMAN DUKELOW, individually and as parent of CORNELIUS P. DUKELOW; CORNELIUS P. DUKELOW, a minor; THEODORE KENT KOBBEMAN, individually and as parent of KERRIE E. KOBBEMAN and KOURTNEY K. KOBBEMAN; a minor; KOURTNEY K. KOBBEMAN, a minor; Appellees, and PLANTERS BANK and TRUST COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1985.

Attorney(s) appearing for the Case

W. Dean Owens, of Hampton, Royce, Engleman & Nelson, of Salina, argued the cause, and J. Stan Sexton, of the same firm, was on the brief for the appellant.

Constance M. Achterberg, of Achterberg & Neustrom, of Salina, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

HERD, J.:

This action was commenced by The Ram Company to foreclose a mechanic's lien. Esther Kobbeman satisfied the debt to Ram and was assigned all rights held by The Ram Company. The action then became one by Planters Bank and Trust Company (Planters) for judgment on its loans and guaranties and foreclosure of its mortgages to Clyde Kobbeman and Esther Kobbeman and to Hi Plains Elevator Machinery, Inc. (Hi Plains...

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