Brooks v. National Bank of Topeka

The opinion of the court was delivered by

Smith, J.:

These two actions were tried in different divisions of the district court of Shawnee county, but involved the same facts and were consolidated here.

Action No. 35,248 was an action wherein the plaintiff sought to have a sheriff's deed and a quitclaim deed declared to be a mortgage. Judgment was entered pursuant to a stipulation. The plaintiff later filed a motion to set that judgment aside. This motion was overruled and the appeal is from the order overruling that motion.

Action No. 35,249 was brought to foreclose a lien on real estate that was…