Suter Bros. v. Hebert

The opinion of the court was delivered by

Smith, J.:

This was an action to foreclose a mortgage. The case comes here on an appeal from an order of the trial court refusing to set aside the judgment.

The facts were fully set out in the case of Suter Bros. v. Hebert, 133 Kan. 262, 299 Pac. 627. In that case all the questions raised in this case were decided except one, which we will notice later. When the action was filed it was to foreclose a mortgage signed by Fred Hebert and Anita Hebert, his wife. At that time Anita was deceased, so Fred and their five minor children, Rósela N. Hebert, Philip…