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BENEFICIAL FINANCE CO. v. SCHROEDER

No. 59,449

12 Kan. App. 2d 150 (1987)

737 P.2d 52

BENEFICIAL FINANCE COMPANY OF KANSAS, INC., a/k/a Beneficial Kansas, Inc., Plaintiff/Appellee, v. LOUISE SCHROEDER, et al., Defendants, and THE FARMERS AND MERCHANTS BANK, Hill City, Kansas, Defendant/Appellee, and HUTCHINSON NATIONAL BANK, Defendant/Appellant.

Court of Appeals of Kansas.

Opinion filed May 14, 1987.

Attorney(s) appearing for the Case

Richard A. Benjes, of Hutchinson, for the appellant.

Steve Johnson, of McPherson, Bauer, Pike & Pike, Chtd., of Great Bend, for the appellee Beneficial Finance Company of Kansas, Inc.

William B. Elliott, of William B. Elliott, P.A., of Hill City, for the appellee The Farmers and Merchants Bank.

William T. Nichols, of Marshall, Davis, Bennett & Hendrix, of Topeka, for amicus curiae Kansas Manufactured Housing Institute.

Before BRISCOE, P.J., WILLIAM D. CLEMENT, District Judge, assigned, and WILLIAM M. COOK, District Judge, assigned.

Petition for review denied 241 Kan. 838 (1987).

BRISCOE, J.:

This appeal involves a priority dispute among three parties claiming a security interest in a mobile home.

The parties do not dispute the following facts: Louise and James Schroeder purchased a mobile home in 1977. The purchase was financed by a retail sales contract which was assigned to appellant, Hutchinson National Bank (Hutch National). Hutch National noted its security interest on the...

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