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FIRST NAT. BANK IN LARNED v. WETZEL

No. 101,206.

219 P.3d 819 (2009)

FIRST NATIONAL BANK AND TRUST CO. IN LARNED, Appellant, v. Russell L. WETZEL; Laverne H. Wetzel; Virginia Goldsberry; Elizabeth Mobley; Paul Wetzel; Leroy Wetzel; Steve Wetzel; Board of County Commissioners of Edwards County, Kansas; Southern Plains Co-op at Lewis, Kansas; U.S. Internal Revenue Service; Post Rock Gas, LLC; et al., Appellees.

Court of Appeals of Kansas.

November 6, 2009.

Attorney(s) appearing for the Case

Casey R. Law, of Bremyer & Wise, L.L.C., of McPherson, for appellant.

Jacqueline R. Butler, of Smith, Burnett & Larson, LLC, of Larned, for appellees Steve Wetzel and Leroy Wetzel.

Before MALONE, P.J., GREEN and MARQUARDT, JJ.

MALONE, J.:

First National Bank and Trust Co. in Larned (FNB) appeals the judgment in the amount of $3,709.43 granted by the district court in favor of Steve and Leroy Wetzel (Wetzel Buyers), representing interest on the money they had borrowed from another bank to purchase land at a sheriff's sale initiated by FNB, which was later set aside. For the reasons stated herein, we reverse the district court's judgment.

On February 22, 2007, FNB filed a mortgage...

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