Barnett v. Holyoke Mutual Fire Insurance

*631The opinion of the court was delivered by

Graves, J.:

This suit was commenced in the district court of Wilson county, October 31, 1892, to recover judgment upon a promissory note and to foreclose a mortgage given upon real estate to secure the payment of such note. The note and mortgage were executed April 10, 1884, by James Barnett and Margaret L. Barnett, his wife, who then resided at Emporia, Lyon county, Kansas. On October 3, 1884, James Barnett died intestate, leaving as his surviving heirs his wife, Margaret L. Barnett, and six children, named Lulu Barnett, James D. Barnett, Samuel J.…