American National Bank & Trust Co. of Shawnee v. McGinnis

BERRY, Justice:

On December 18, 1969, defendants, Pat and Kathy McGinnis, acquired a tract of land in joint tenancy. Pat executed a mortgage on December 1, 1970, in favor of American National Bank and Trust Company of Shawnee [Bank] as security on a note; Kathy did not join in the mortgage. On May 31, 1971, Pat and Kathy conveyed by warranty deed to John and Marclyn McGin-nis, defendants, an undivided one-half interest in joint tenancy. On January 25, 1972, Pat and Kathy executed another mortgage in favor of Bank on the tract. Bank brought this action to foreclose mortgages, inter alia.

The…