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FIRST FED'L SAVINGS & LOAN ASS'N v. HYSTEN

No. 68,267

18 Kan. App. 2d 11 (1993)

846 P.2d 261

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF KANSAS CITY, Appellant, v. MIRIAM I. HYSTEN, Appellee.

Court of Appeals of Kansas.

Opinion filed February 5, 1993.

Attorney(s) appearing for the Case

David S. Rauzi, of Law Office of David S. Rauzi, of Overland Park, for appellant.

Kenneth M. Carpenter, of Carpenter, Chartered, of Topeka, for appellee.

Before BRAZIL, P.J., LARSON, J., and DAVID PRAGER, Chief Justice Retired, assigned.

PRAGER, C.J. Retired:

This is an action brought by the appellant, First Federal Savings and Loan Association of Kansas City (First Federal), to foreclose a mortgage on the residence of the appellee, Miriam I. Hysten. The facts in the case are undisputed.

On May 9, 1974, Hysten executed a note payable to the Topeka Savings Association, or its assigns, in the principal amount of $14,100, with 8.25% interest. The note was secured by a mortgage on her Topeka residence...

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