Aley v. Schroeder

The opinion of the court was delivered by

Thiele, J.:

The matter presented by this appeal arose after a judgment and sale in foreclosure.

Treva Aley, Omrah Aley and Norma D. Whitney, plaintiffs, and Mazie Schroeder, defendant, as tenants in common, owned real property in Wichita which they rented to other persons. For some *740time one of the plaintiffs, on behalf of all the owners, had collected the rents and after creating a sinking fund to pay taxes, insurance and upkeep, had accounted for the balance to the parties entitled.

The plaintiffs were the owners of a mortgage on the undivided one-fourth…