Davies v. Lutz

The opinion of the court was delivered by

Mason, J.:

John W. Davies brought an action in Harper county to foreclose a mortgage on land there situated. The mortgage was executed by O. A. Simmons to the Exchange State Bank of Nortonville, Kan. The plaintiff claimed by as*532signment from the bank. The petition alleged that the land had been purchased, and the payment of the debt assumed, by Norman Lutz, against whom a personal judgment was asked. The plaintiff having died, his administratrix, Theodosia Davies, was substituted, and the case proceeded without substantial change.

Lutz asked, and was…