Union Central Life Insurance v. Empire Oil & Refining Co.

The opinion of the court was delivered by

Harvey, J.:

This appeal was taken by defendant from an order overruling its demurrer to plaintiff’s petition. The pertinent portions of the petition and exhibits thereto may be stated or quoted as follows: In November, 1932, John D. Kahm was the owner of the north half and the fractional southwest quarter of section 14, township 35, range 2 east, containing 476.71 acres, more or less, in Sumner county, subject to a mortgage held by plaintiff. On November 18, 1932, Kahm executed to the Empire Oil and Refining Company, the name of which was changed to…