Morrison v. Bandt

The opinion of the court was delivered by

AllEN, J.;

This was an action on a note, and to foreclose a mortgage on a grain elevator given to secure the note. The burden of proof was on defendants. At the conclusion of defendants’ evidence plaintiffs filed a demurrer to the evidence, which was overruled. Plaintiffs stood on their demurrer and bring this appeal.

This is the second appearance of this case in this court. (See Morrison v. Bandt, 145 Kan. 942, 67 P. 2d 584.) The former appeal *201came up on rulings of the trial court on demurrer of the plaintiffs to .answers of the defendants. The order of…