Clark v. Surmeier

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment granting a writ of assistance to put the appellee in possession of a tract of Gove county land.

*373The pertinent facts were these: On and prior to March 1, 1941, one A. W. Marken owned the land in question, but it was then being subjected to foreclosure proceedings in an action by the Federal Land Bank of Wichita against Marken for an indebtedness secured by a mortgage on the property.

On March 1,1941, Marken executed to George F. Surmeier a written lease of the land for two years expiring March 1, 1943, with…