Supreme Court of Kansas June 8, 1968, 45,038 (Stockyards National Bank v. Capitol Steel & Iron Co.)

The opinion of the court was delivered by

Harman, C.:

This is a dispute between first and second mortgagees over part of the sale proceeds of real estate sold under mortgage foreclosure.

The action arose out of indebtedness incurred by the Kansas Steel Corporation and was commenced January 31, 1966, by the filing of a petition against it by the appellant Stockyards National Bank.