Swenney v. Hill

On the first proceeding in error it was held that, the notes being given to plaintiffs and the mortgage securing them to another, the mortgagee was a necessary party to an action of foreclosure brought by the payees of the notes. (Swenney v. Hill, 65 Kan. 826, 70 Pac. 868.) When the case went back for a new trial the' mortgagee was made a party. It was within the power of the court to allow the amendment, and proper to permit plaintiffs to show the real ownership of the mortgage and how it came to be drawn in favor of another. The objections to testimony in regard to the mistakes of the…