In re Application of Radke
Kansas Court of Appeals
5 Kan. App. 2d 407, 619 P.2d 520 (1980)
- Written by Alex Ruskell, JD
Facts
Dwaine and Barbra Radke (defendants) claimed to own the Beltz land. The Radkes sold the land to Icer Addis, who paid off money that was owed to a bank on the land as part of the sales price. Addis later discovered that the land was actually owned by Dwaine’s mother, not the Radkes. Addis disaffirmed the sales contract. The Radkes became insolvent, and the land was assigned to a receiver. The receiver then sold the land. As a practical matter, the only funds that Dwaine’s mother derived from the sale came from the payment made on the land’s debt. Addis filed a claim that argued that Dwaine’s mother and other creditors would be unjustly enriched if Addis did not have priority over the Beltz land sales proceeds. The court ruled against Addis’s priority, and Addis appealed to the Kansas Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Abbott, J.)
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