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BANK WESTERN v. HENDERSON

Nos. 68,806, 69,267

255 Kan. 343 (1994)

874 P.2d 632

BANK WESTERN, a Federal Savings Bank, Appellant, v. BILLY JOE HENDERSON, et al., Defendants, and MIDAMERICAN BANK & TRUST CO., Appellee, and MIDAMERICAN BANK & TRUST CO., Appellee, v. ETHALO'S INC., et al., Defendants, and BANK WESTERN, a Federal Savings Bank, Appellant.

Supreme Court of Kansas.

Opinion filed May 27, 1994.

Attorney(s) appearing for the Case

Richard L. Reid, of Kansas City, argued the cause and was on the briefs for appellant.

Michelle M. Suter, of Kurlbaum Stoll Seaman Reefer Suter & Mustoe, P.C., of Kansas City, Missouri, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a consolidated appeal from judgments in two separate mortgage foreclosure actions involving the same tract of real estate. Three mortgage liens are involved. Bank Western is the assignee-holder of the first mortgage lien. Bank Western failed to record its assignment until after second and third mortgages were executed and filed and the third mortgage holder...

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