First National Bank v. Kansas Grain Co.

*344The opinion of the court was delivered by

Pollock, J. :

The Kansas Grain Company, a Missouri corporation, was, on June 2, 1898, indebted to plaintiff in error upon promissory notes aggregating, face value, $20,000. To secure payment of these notes, the grain company, upon said date, made plaintiff in error its first mortgage on certain grain-elevator properties in Reno and other counties of this state. The grain company being insolvent, and default in payment of the notes having occurred, suit in foreclosure was brought, and, on October 19, 1894, a decree of foreclosure of the mortgage so given…