Legal Opinion
Capitol Federal Savings & Loan Ass'n v. Hoger
Court of Appeals of Kansas
Decided September 2, 1994No. 70,463PublishedCited by 4 opinions
1Opinion of the Court
Briscoe, C.J.:
In this foreclosure action, Capitol Federal Savings and Loan Association appeals from the district court’s order granting Western Resources, Inc.’s purchase money security interest in fixtures priority over Capitol Federal’s previously recorded real estate mortgage. Capitol Federal contends Western Resources’ remedy was limited to repossession of the fixtures.
Capitol Federal held a real estate mortgage on the home of Paul and Margaret Hoger. The mortgage was recorded in Johnson County on August 15, 1984. In 1990, the Hogers purchased a furnace and air conditioner from The Kansas…
2Cases cited7 opinions
- Todd v. KellySupreme Court of Kansas · 1992
- Memorial Hospital Ass'n, Inc. v. KnutsonSupreme Court of Kansas · 1986
- Lewiston Bottled Gas Co. v. Key Bank of MaineSupreme Judicial Court of Maine · 1992
- Maplewood Bank v. Sears, Roebuck and Co.New Jersey Superior Court Appellate Division · 1993
- Dry Dock Savings Bank v. DeGeorgioNew York Supreme Court · 1969
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3Cited by4 opinions
- Tustian v. SchrieverUtah Supreme Court · 2001
- In Re ReeseUnited States Bankruptcy Court, D. Maryland · 1996
- Moritz Implement Co. v. MatthewsSupreme Court of Kansas · 1998
- In Re Black Angus Holdings, LLCUnited States Bankruptcy Court, D. Kansas · 2010