MISSOURI VALLEY INVESTMENT CO. v. CURTIS

No. 60,228

12 Kan. App. 2d 386 (1987)

745 P.2d 683

MISSOURI VALLEY INVESTMENT COMPANY, Plaintiff, v. ANTHONY M. CURTIS AND CARRIE CURTIS, Defendants; JACK P. COOK, II, Appellee; and MIDAMERICAN BANK AND TRUST COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed November 18, 1987.


Attorney(s) appearing for the Case

Douglas Lancaster, of Linde Thomson Fairchild Langworthy Kohn & Van Dyke, P.C., of Overland Park, for the appellant.

Dennis E. Mitchell, of Kansas City, for the appellee.

Before REES, P.J., DAVIS and SIX, JJ.


SIX, J.:

This is an appeal in a foreclosure action. The issue presented is whether the trial court erred in awarding rents collected by a receiver, after default and before the period of redemption, to the property owner rather than to the second mortgagee. We conclude the trial court erred and reverse and remand the case for proceedings consistent with this opinion.

On April 23, 1982, Anthony and Carrie Curtis executed a note and first mortgage on real estate...

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