John Hancock Mutual Life Insurance v. Vandeventer

The opinion of the court was delivered by

Smith, J.:

This is an action ón a promissory note, and to foreclose a mortgage. Judgment on the note was given for plaintiff. The court refused to foreclose the mortgage on the fee-simple estate, but rendered a decree of foreclosure against a life estate on the land in question. From this judgment plaintiff appeals.

The petition set out the note, and a mortgage on- 400 acres of land in Jewell county securing it, and alleged a default in payments.

The defendants answered admitting the execution of the note and mortgage and the default. The answer further…