Clark v. Shoesmith

The opinion of the court was delivered by

West, J.:

The plaintiff sued to redeem from a deed which he prayed might be decreed a mortgage and for an accounting and to recover $8000 alleged to be due from the defendant executor. After the former decision holding the petition good as against a demurrer (Clark v. Shoesmith, 91 Kan. 797, 139 Pac. 426), it was stated when the trial was reached that no judgment would be asked for any balance, that the plaintiff was asking simply for an accounting to determine whether or *734not the mortgage had been paid in full and as to whether or not he was entitled to…