Kemp v. Morris

The opinion of the court was delivered by

Harvey, J.:

This is an action in equity to have an instrument' in the form of a deed adjudged to be a mortgage, to determine the *615amount due thereon and tendering payment thereof, and to quiet title as against such instrument. The trial court made exhaustive findings of fact, also conclusions of law, and rendered judgment for plaintiff. Defendant has appealed.

Briefly, the pertinent facts are: In 1921 plaintiff and her husband owned and resided upon a ten-acre tract of land near Wichita, of the value of about $8,000, and encumbered by mortgages…