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GARDEN NAT'L BANK v. CADA

No. 58,960

241 Kan. 494 (1987)

738 P.2d 429

THE GARDEN NATIONAL BANK OF GARDEN CITY, KANSAS, Appellee, v. MARY CADA, also known as MARY BANDA, et al., Appellants.

Supreme Court of Kansas.

Opinion filed June 12, 1987.

Attorney(s) appearing for the Case

Gerald C. Golden, of Meade, argued the cause and was on the brief for appellants.

Douglas M. Crotty III, of Corley, Crotty & Assoc., Chtd., of Garden City, argued the cause, and Gerald O. Schultz, of the same firm, was with him on the brief for appellee.

Anne L. Baker, of Eidson, Lewis, Porter & Haynes, of Topeka, was on the brief amicus curiae, for Kansas Bankers Association.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by Mary Cada from a judgment in favor of The Garden National Bank of Garden City, Kansas, (Bank) foreclosing a real estate mortgage and granting the Bank a deficiency judgment following sale of the real property. The Court of Appeals reversed the judgment of the district court (Garden Nat'l Bank v. Cada, 11 Kan.App.2d 562,

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