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OLATHE BANK v. MANN

No. 66,941

252 Kan. 351 (1993)

845 P.2d 639

THE OLATHE BANK, formerly THE OLATHE STATE BANK, Appellee, v. MORTON MANN and GERALDINE L. MANN, and THE LOIRET, a French Village, Inc., Appellants.

Supreme Court of Kansas.

Opinion filed January 22, 1993.

Attorney(s) appearing for the Case

Ron Bodinson, of Shook, Hardy & Bacon, of Overland Park, argued the cause, and Scott McCandless, of the same firm, of Kansas City, Missouri, was with him on the brief for appellants.

Frederick B. Farmer, of Lowe, Farmer, Bacon & Roe, of Olathe, argued the cause and was on the brief for appellee.

Charles N. Henson, of Davis, Wright, Unrein, Hummer & McCallister, of Topeka, was on the brief for amicus curiae The Kansas Bankers Association.

The opinion of the court was delivered by

HERD, J.:

The Olathe Bank filed this real estate mortgage foreclosure action against Morton Mann; his wife, Geraldine L. Mann; and The Loiret, A French Village, Inc. (The Loiret). Following the sheriff's sale of the mortgaged property where the mortgagee bank was the purchaser, the trial court confirmed the sale pursuant to K.S.A. 1991 Supp. 60-2415. The Manns appealed to the Court of Appeals, which reversed the trial...

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