Security National Bank v. Home National Bank

The opinion of the court was delivered by

Hopkins, J.:

This controversy arises out of the same transaction considered by this court in Bank v. Bank, 106 Kan. 303, 187 Pac. 697, and Bank v. Bank, 111 Kan. 682, 208 Pac. 636.

Jasper Stewart in July, 1916, was the owner of 235 acres of land in Elk county on which there was a first mortgage of $3,000 to the Loether estate, a second mortgage of $835 to E. Kirkpatrick, and a general warranty deed to the Security National Bank to secure about $3,500 owed by Stewart to the Bank. The Loether mortgage become due and arrangements were made to replace it…