Central Kansas Loan & Investment Co. v. Chicago Lumber Co.

The opinion of the court was delivered by

Johnston, J.:

The plaintiff in error brought an action to foreclose mortages executed by Hiram Stout and wife upon lots situated in the city of Kingman. The Chicago Lumber Company and eight other parties, who claimed an interest in the premises, were made defendants; and the lumber company, in an answer and cross petition, set up a lien for building material, which was contracted for by Stout prior to the execution of the mortgages. The Stouts answered, alleging that a great part of the mortgage debt was usurious and without consideration; and further,…