Kaw Valley State Bank v. Chumos

The opinion of the court was delivered by

Burch, J.:

The appeal is from an order denying a motion to set aside a sale of attached real estate and sustaining a motion to confirm the sale.

In October, 1928, defendant borrowed $6,000 of the bank, for which he gave his note payable in installments. He paid $600 in 1929, and $600 in 1930. Action to recover on the note was commenced on September 16,1931, and the petition prayed judgment for $4,800, with interest at the rate of ten per cent per annum from June 1, 1931. While the action was pending defendant paid a further sum of $1,200, and on April 8,…