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FIRST BANK & TRUST v. NOVAK

No. 60,166

12 Kan. App. 2d 407 (1987)

747 P.2d 850

FIRST BANK & TRUST, a corporation, Appellee, v. FRANK NOVAK, JR., and OPAL L. NOVAK, a/k/a OPAL LOUISE NOVAK, Appellants.

Court of Appeals of Kansas.

Opinion filed December 10, 1987.

Attorney(s) appearing for the Case

Dan E. Turner and Phillip L. Turner, of Topeka, for the appellant Frank Novak, Jr.

William E. Metcalf, of Metcalf and Justus, of Topeka, for the appellant Opal L. Novak, Jr.

Aubrey G. Linville and Dana P. Ryan, of Clark, Mize & Linville, Chartered, of Salina, for the appellee.

Before ABBOTT, C.J., STEVEN P. FLOOD, District Judge, assigned, and BARRY A. BENNINGTON, District Judge, assigned.

ABBOTT, C.J.:

This is an appeal by Frank Novak, Jr., and Opal L. Novak from a judgment holding that a deed from their son Robert L. Novak and his wife Maleta J. Novak was void and of no effect, pursuant to K.S.A. 33-102, and allowing First Bank and Trust to foreclose its mortgage against the real estate described in the void deed, subject to the unpaid balance owing to Frank and Opal.

Frank and Opal contend that the contract of sale prohibition against assignment...

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