Hill v. Hill

The opinion of the court was delivered by

Schroeder, J.:

This is an action in which the holder (payee) of a promissory note seeks to. establish the existence of an equitable mortgage and to foreclose such equitable mortgage subjecting the property so mortgaged to the payment of the debt.

The basic question is whether the transactions between a decedent maker of the note and his son, the payee, create an equitable mortgage in favor of the son against the property described on the reverse side of the note.

W. W. Hill, a resident of Lyon County, Kansas, died on the 15th day of October, 1952. He left…