Shields v. Fink

The opinion of the court was delivered by

Schroeder, J.:

This is an action in the district court to foreclose an alleged equitable mortgage covering an undivided %eth interest in a producing oil and gas lease. Appeal has been duly perfected from an order of the district court of Russell County, Kansas, entered on the 10th day of April, 1961, sustaining a demurrer to the appellants’ petition and denying their application for the appointment of a receiver.

The controlling question is whether the district court has jurisdiction to entertain the action. Embraced within the foregoing question is…