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HOME STATE BANK v. JOHNSON

No. 59,099

240 Kan. 417 (1986)

729 P.2d 1225

THE HOME STATE BANK, LEWIS, KANSAS, Appellee, v. CURTIS R. JOHNSON and DONNA JO JOHNSON a/k/a DONNA JOHNSON, Husband and Wife, Appellants.

Supreme Court of Kansas.

Opinion filed December 5, 1986.

Attorney(s) appearing for the Case

W. Thomas Gilman, of Redmond, Redmond, O'Brien & Nazar, of Wichita, argued the cause and was on the brief for appellants.

Rae E. Batt, of Kinsley, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by defendants Curtis R. Johnson and Donna Jo Johnson, the owners and mortgagors of 320 acres of land in Edwards County, from a judgment of the district court of that county foreclosing a second mortgage held by the plaintiff, Home State Bank, and from the sale of the land pursuant to that judgment. This foreclosure proceeding is complicated by several factors: the first mortgage was not...

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