Davies v. Lutz

*658The opinion of the court was delivered by

Mason, J.:

O. A. Simmons, the owner of a tract of land in Harper county containing 447% acres, on February 7, 1910, executed to the Exchange State Bank, of Nortonville, a five-year note for $10,-000, with a mortgage on said land securing it. On February 14, 1910, the bank indorsed the note (without recourse) and assigned the mortgage to John W. Davies. On July 24, 1911, Simmons conveyed the land subject to the mortgage to Norman Lutz, who in the deed assumed its payment. On March 2, 1918, Davies brought an action to foreclose the mortgage. Lutz resisted…