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UNIVERSAL MODULAR STRUCTURES, INC. v. FORREST

Nos. 56,432, 58,320

11 Kan. App. 2d 298 (1986)

720 P.2d 1121

UNIVERSAL MODULAR STRUCTURES, INC., Appellant, v. MARY K. FORREST, Appellee. and UNIVERSAL MODULAR STRUCTURES, INC., Appellant, v. MIKE HILL, Sheriff of Sedgwick County, Kansas, Appellee.

Court of Appeals of Kansas.

Opinion filed June 19, 1986.

Attorney(s) appearing for the Case

Stuart R. Collier and Milo M. Unruh, of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, for appellant.

Randall E. Fisher and Quentin E. Kurtz, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellee Mary K. Forrest.

Marvin C. Pendergraft, of Pendergraft & Pendergraft, of Wichita, for appellee sheriff of Sedgwick County.

Before PARKS, P.J., REES, J., and DAVID F. BREWSTER, District Judge, assigned.

REES, J.:

In this action, plaintiff Universal Modular Systems, Inc., (UMS) seeks to remove a cloud on title to realty created by defendant Mary K. Forrest's judgment lien, which lien arose by reason of a default judgment secured by Forrest against a third party in an underlying action. UMS appeals a district court order (1) barring its collateral attack on the ground Forrest's failure to comply with the notice requirement of Supreme Court Rule 118, 235 Kan. cv, did...

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