Hodges v. Phoenix Mutual Life Insurance

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order sustaining defendants’ separate demurrers to plaintiffs’ evidence in an action to vacate a mortgage foreclosure judgment and to nullify the force and effect of subsequent incidental proceedings, and is the second chapter of the case in this court (Hodges v. Phoenix Mutual Life Ins. Co., 171 Kan. 364, 233 P. 2d 501).

In 1938 one Asa D. Hurd, a widower, and owner of the residence property involved, executed to the Phoenix Mutual Life Insurance Company (hereinafter referred to as Phoenix), his promissory note in…