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MORITZ IMPLEMENT CO. v. MATTHEWS

No. 79,191.

265 Kan. 179 (1998)

959 P.2d 886

MORITZ IMPLEMENT COMPANY, INC., Appellee, v. JOHN L. MATTHEWS, a/k/a JOHN MATTHEWS, Appellant, THE JAMESTOWN STATE BANK, Defendant, DAVID R. KLAASSEN, the successor in the interest of HAMPTON, ROYCE, ENGLEMAN & NELSON, L.C., Appellant, EMMETT GAYLORD ROTHCHILD and IVA MARIE ROTHCHILD, husband and wife, Defendants, JEROME L. BODEN and VELORA K. BODEN, husband and wife, Defendants, FARMWAY CREDIT UNION, Appellant, and THE BOARD OF COUNTY COMMISSIONERS OF JEWELL COUNTY, KANSAS, Defendant.

Supreme Court of Kansas.

Opinion filed May 29, 1998.

Attorney(s) appearing for the Case

David R. Klaassen, of Marquette, argued the cause, and Rod Ludwig, of Miller & Ludwig, of Beloit, was with him on the briefs for appellants.

Guy R. Steier, of Frasier & Steier, of Beloit, argued the cause, and Curtis A. Frasier, of the same firm, was with him on the briefs for appellee.

Charles N. Henson, of Wright, Henson, Somers, Sebelius, Clark & Baker, L.L.P., of Topeka, was on the brief for amicus curiae Kansas Bankers Association.

The opinion of the court was delivered by

LARSON, J.:

This case involves a first-impression issue of who is entitled to crops growing upon real property sold in a foreclosure sale. John Matthews and various of his creditors with perfected security interests in crops growing upon his land appeal the decision of the trial court holding title to the unharvested crops passed to the purchaser at the foreclosure sale, Moritz...

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