(Download) "Edmiston v. First Nat'l Bank of Holcomb" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Edmiston v. First Nat'l Bank of Holcomb
- Author : Supreme Court of Kansas
- Release Date : January 30, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the Court was delivered by Appellant, Larry Edmiston, filed an action to quiet his title
and to determine the priority of various parties claiming a
security interest in a herd of cattle he had purchased. The
district court ordered the sale of the cattle pursuant to an
existing contract and the payment of the sale proceeds into
court. Because the purchaser under the contract refused to buy
the cattle,
[242 Kan. 14]
Edmiston sold the cattle at a public auction, paid off several of
his obligations and finally paid the remainder of the proceeds of
the sale into court. The district court found Edmiston and one of
the defendants, the First National Bank of Holcomb, in contempt
and ordered them to pay the total proceeds from the sale into
court. In an unpublished opinion, citing Ensch v. Ensch,
157 Kan. 107, 115-16, 138 P.2d 491 (1943), as authority, the Court of
Appeals determined that the district court's order allowing the
sale under the contract and the requirement that the proceeds be
paid into court did not specifically prohibit the sale of the
cattle to other parties nor require those funds be paid into
court, and reversed the contempt judgment. We granted the
appellants' petition for review. On review, we find that the
Court of Appeals misapplied Ensch. Therefore, we reverse the
Court of Appeals, affirm the district court, and remand the case
for further action.
 "Edmiston v. First Nat'l Bank of Holcomb" by Supreme Court of Kansas # Book PDF Kindle ePub Free){kind=link}