Smith v. Fourth Nat. Bank

BRATTON, Circuit Judge.

This case is an epilogue to litigation in the courts of two states. The Fourth National Bank of Tulsa, Oklahoma, instituted actions against J. T. Smith, one in the district court of Creek County, Oklahoma, and the other in the district court of Chautauqua County, Kansas. Both actions were to recover judgment on the same promissory note, but to foreclose separate mortgages securing such note. The court in Kansas rendered judgment for the amount due on the note and foreclosed the mortgage on the land in that state; Smith appealed; and the judgment was affirmed, 141 Kan.…