EXECUTIVE FINANCIAL SERVICES, INC. v. PAGEL

Nos. 58,045, 58,046

238 Kan. 809 (1986)

715 P.2d 381

EXECUTIVE FINANCIAL SERVICES, INC., Appellant, v. DONALD H. PAGEL, HENRY D. PAGEL, d/b/a PAGEL and SONS, a partnership; THE JOHN DEERE COMPANY; GENE R. MOHR, JAMES B. LOYD, d/b/a MOHR-LOYD LEASING; and DENNISON STATE BANK, Appellees, and EXECUTIVE FINANCIAL SERVICES, INC., Appellant, v. PAUL S. MORSE, TED R. MORSE, and FRED S. MORSE, d/b/a RIVERVIEW FARMS; MARVIN ALLEN, JR.; JAMES B. LOYD and GENE R. MOHR, d/b/a MOHR-LOYD LEASING; FIRST NATIONAL BANK OF OLATHE; and NORTHEAST KANSAS PRODUCTION CREDIT ASSOCIATION, Appellees, v. JOHN DEERE COMPANY, Third-Party Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed February 21, 1986.


Attorney(s) appearing for the Case

Michael E. Whitsitt, of Overland Park, argued the cause and was on the briefs for appellant.

John L. Vratil, of Lathrop, Koontz, Righter, Clagett & Norquist, of Overland Park, argued the cause and Gordon E. Wells, Jr., of the same firm, and Daniel M. Dibble, of Kansas City, Missouri, were with him on the brief for appellees John Deere Company, Marvin Allen, Jr., and Donald H. Pagel and Henry D. Pagel d/b/a Pagel and Sons.

Martin R. Ufford, of Redmond, Redmond, O'Brien & Nazar, of Wichita, was on the brief for appellee Northeast Kansas Production Credit Association.


The opinion of the court was delivered by

HERD, J.:

These are consolidated actions by Executive Financial Services (EFS) for possession of three tractors and for a determination that it is the owner of the tractors or, in the alternative, that its security interest therein be adjudged prior to the rights of defendants. The district courts granted summary judgment to the defendants and these appeals followed. These actions arise out of the same facts as those...

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