Gate City National Bank v. Greene

The opinion of the court was delivered by

Burch, J.:

The material question in this case is whether or not the $8,000 mortgage given to secure attorney fees and expenses, described in the opinion in the case of Bank v. Greene, 102 Kan. 202, 170 Pac. 391, was valid against the mortgagor’s creditor, the Gate City National Bank. The district court sustained the mortgage, and the bank appeals.

The origin of the mortgage is sufficiently outlined in the former opinion. When that opinion was prepared, the court was conscious of the fact that this litigation was likely to occur, and, without prejudging…