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Haysville State Bank v. Hauserman

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eBook details

  • Title: Haysville State Bank v. Hauserman
  • Author : Supreme Court of Kansas
  • Release Date : January 05, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The opinion of the court was delivered by This is an appeal from a summary judgment entered in favor of defendant Daleen Marie Hauserman (hereinafter referred to as Daleen). Plaintiff Haysville State Bank (hereinafter referred to as Bank) appeals. The complex factual situation will be simplified as much as possible. The parents of Daleen were engaged in farming and owned certain farm land. Prior to all events herein, they conveyed the real estate to their son, who in turn conveyed it to his sister, Daleen. On August 2, 1971, the parents were indebted to the plaintiff Bank in the principal amount of $61,360. The parents were desirous of obtaining additional credit from the Bank, but further security was needed. On the same date, to facilitate the extension of credit to her parents, Daleen executed three documents in favor of the Bank: a promissory note for $25,000; a second mortgage on the real estate in the amount of $25,000; and a continuing guaranty agreement guaranteeing payment of the parents' indebtedness not exceeding $25,000. These three documents related to the same $25,000. The note and mortgage were security for the guaranty which was to assist the parents in [225 Kan. 672]


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