First National Bank v. Bangs

The opinion of the court was delivered by

Mason, J.:

Th First National Bank of Winfield brought an action to foreclose two mortgages executed by a guardian in behalf of a nümber - óf minor wards upon order of the probate court. Júdgment was rendered for the plaintiff and a separate appeal is prosecuted by each of two groups of defendants.

It is contended that one of the mortgages is void upon two principal grounds: (1)' because it undertook to cover the whole property owned by the minors as tenants in common, without providing. for separate redemption: by each upon payment of- his due *56proportion…