EDMISTON v. FIRST NAT'L BANK OF HOLCOMB

No. 58,590

242 Kan. 13 (1987)

744 P.2d 829

LARRY EDMISTON, Appellant, v. FIRST NATIONAL BANK OF HOLCOMB, KANSAS, Appellant, and T. JOHN HAYDEN; FIRST NATIONAL BANK OF PERRYTON, TEXAS; LOBO ORDER BUYERS, INC.; and THE SYRACUSE SALE COMPANY, INC., Appellees.

Supreme Court of Kansas.

Opinion filed October 30, 1987.


Attorney(s) appearing for the Case

E. Edward Brown, of Calihan, Brown, Osborn, Burgardt and Wurst, of Garden City, argued the cause and was on the brief for appellant Edmiston.

Stephen L. Thompson, of Smith, Greenleaf and Brooks, of Liberal, argued the cause, and Harold K. Greenleaf, of the same firm, was on the briefs for appellant First National Bank of Holcomb.

Jack Dalton, of Mangan, Dalton, Trenkle, Rebein and Doll Chartered, of Dodge City, argued the cause, and Michael A. Doll, of the same firm, and John Huffaker of Gibson, Ochsner and Adkins, of Amarillo, Texas, were with him on the briefs for appellee First National Bank of Perryton.


The opinion of the Court was delivered by

LOCKETT, J.:

Appellant, Larry Edmiston, filed an action to quiet his title and to determine the priority of various parties claiming a security interest in a herd of cattle he had purchased. The district court ordered the sale of the cattle pursuant to an existing contract and the payment of the sale proceeds into court. Because the purchaser under the contract refused to buy the cattle,

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