Stewart v. Thomas

The opinion of the court was delivered by

Ellis, J.:

A conveyance of certain lots situate in Kansas City, Kan., was made December 1, 1880, jointly to Martin Stewart and Catherine Stewart, who were husband and wife. On September 19, 1890, *512Catherine Stewart, together with her husband, Martin Stewart, borrowed from the defendant Fidelia B. Thomas the sum of $1500, on a note payable one year after date, and to secure the payment thereof gave a mortgage on said lots. While the mortgage remained unpaid, and on April 8, 1894, Catherine Stewart died intestate, leaving her husband and the children, who…