Board of County Commissioners v. Cook

The opinion of the court was delivered by

Thiele, J.:

This appeal raises the question of the sufficiency of an amended petition in an action to foreclose a mortgage.

It appears from the amended petition, hereafter referred to as the petition, that defendants Frederick A. Cook and wife and George S. Jewell and wife mortgaged certain real estate to the International Mortgage Trust Company to secure their note for $26,000, dated May 1, 1931, the mortgage being duly recorded; and that thereafter the trust company “pledged, assigned, transferred and delivered” to the county treasurer of Shawnee…