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HOME STATE BANK v. P.B. HOIDALE CO.

No. 57,658

239 Kan. 165 (1986)

718 P.2d 292

THE HOME STATE BANK, Appellee, v. P.B. HOIDALE CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed May 2, 1986.

Attorney(s) appearing for the Case

Stephen J. Bednar, of Wichita, argued the cause and was on the briefs for appellant.

Michael S. Holland, of Russell, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

The plaintiff, Home State Bank, commenced this action to foreclose its mortgages. Joined as defendants were the mortgagor, Save-Time Stores, Inc., as well as P.B. Hoidale Company and others who had filed mechanics' liens against the realty. The trial court held that two of the Bank's mortgages were purchase money mortgages and thus superior to Hoidale's mechanic's lien. Hoidale appeals.

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