Foetisch v. White

The opinion of the court was delivered by

Johnston, C. J.:

F. J. Foetisch and C. R. Craig brought this action to recover upon a promissory note for $4,800, and to foreclose a mortgage on a farm in Neosho county given to secure payment of the note. They named as defendants Mary E. White, R. E. Anderson, Paul Klein and the Phcenix Mutual Life Insurance Company, but there was no controversy among the parties as to the rights of the insurance company, and a judgment in its favor was rendered by consent.

Upon the evidence adduced judgment was given plaintiffs for the amount of the note and interest…