Hoyt v. Union National Bank of Wichita

The opinion of the court was delivered by

Hopkins, J.:

The action was one to • have a transfer of real property decreed a mortgage, and for an accounting. Defendant prevailed and plaintiffs appeal.

The controversy involves the Union National Bank Building in Wichita, formerly the Barnes building, and the lots on which it is situated.

In January, 1917, the plaintiff, C. F. Hoyt, made a contract to purchase the building from Barnes for a consideration of $250,000 to be made in partial payments. In April, 1917, Barnes and wife executed a warranty deed to the property, deposited the same in escrow,…