Mid Kansas Federal Savings & Loan Ass'n v. Burke

The opinion of the court was delivered by

Miller, J.:

This is an appeal by Caldwell and Associates, Inc., the successful purchaser at a sheriff s sale, from the order of the Sedgwick District Court sustaining defendant Carole J. Burke’s motion to set aside the sale. The Court of Appeals reversed. Mid Kansas Fed’l Savings & Loan Ass’n v. Burke, 8 Kan. App. 2d 443, 660 P.2d 569 (1983). We granted review.

The facts are fully set forth in the Court of Appeals opinion, and we will but summarize them here. James and Carole Burke, husband and wife, purchased a residence in Wichita in 1980, and assumed…