Railroad Building, Loan & Savings Ass'n v. Grayum

The opinion of the court was delivered by

Burch, J.:

The action was one by the Railroad Building, Loan and Savings Association to foreclose a mortgage, given in June, 1924, as a first lien on the real estate described in the mortgage. The Bankers Mortgage Company held a recorded mortgage on the real estate, given in October, 1927, and was made a party defendant. In closing its loan the Bankers Mortgage Company gave a check on its account with the Merchants National Bonk of Topeka to take up the building and loan association mortgage. The circumstances were such that if the proceeds of the check…