Ellis v. Snyder

The opinion of the court was delivered by

Smith, J.:

Both parties appealed from the judgment of the trial court, and by agreement the appeals, were submitted together.

On February 1, 1889, John W. Gray and Elizabeth A. Gray, his wife, executed a mortgage on the land in question to secure the payment of a note for $2000, payable five years after that date, with interest. The Southern Kansas Mortgage Company was the mortgagee, but before the commencement of this action assigned the note and mortgage to Charles E. Ellis, who brought the action to foreclose the same. Both Gray and his wife died…