J.E. Akers Co. v. Advertising Unlimited, Inc.
Citation: 274 Kan.359,49P.3d506 (2002) · Decided: 2002-07-12 · Court: Kansas Supreme Court. Full reporter opinion retrieved from the Caselaw Access Project; this is an unofficial host of primary judicial text, with the original JSON preserved.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/kan/274/cases/0359-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
Corporate dissolution receiver sought 17-6907 sale of real property/improvements free of two judgment liens. Bare allegation challenged default judgments; documents mentioned in argument were not admitted or in appellate record. Trial court authorized clearance.
Holding And Reasoning
Reversed. Statutory interpretation reviewed independently.17-6907 requires genuine dispute of lien validity/extent/legality and deterioration pending lien litigation. Deterioration was agreed; actual dispute was evidentiary sufficiency of lien challenge. Valid default judgments and resulting liens could not be displaced by receiver allegation alone absent evidence of invalidity/effective relief. Receiver initially takes subject to existing liens. Other-state statutes did not replace Kansas requirements. Court did not prohibit all receiver free-and-clear sales.
Practical Impact And Verified Treatment
Current 17-6907 retains conditions. Actual asset was real estate; statute concerns corporate property generally, so its construction informs personalty sales without changing case facts. Genuine qualifying dispute/deterioration can satisfy conditional statutory power.
Primary decision: 274 Kan.359,49P.3d506 (2002). Current statutes/later primary treatment: 17-6907, 60-1303, 60-260.
Status Boundary
The complete holding and the stated statutory/later-opinion treatment are verified. This is not a comprehensive still-good-law certificate or an assertion that every later citing decision has been reviewed. No negative-treatment conclusion is inferred from an empty search. The cited older provisions apply only to the historical transaction unless current text is separately identified.
Applies In
kansas · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify the current primary authorities and actual transaction/order before acting.