Smith v. Power

The opinion of the court was delivered by

Thiele, J.:

The purpose of the present action was to set aside a sheriff’s deed, and grew out of a previous foreclosure action.

On December 3, 1938, William R. Smith delivered to John L. Power a mortgage covering “all of the unsold portions of the following described property in the name of said William R. Smith situated *613in the environs of Hoisington, in Barton county, Kansas,” to secure payment of a note. One of the tracts was described as the north half of the northeast quarter of section 5, township 18, range 13 west, in Barton county, Kansas, “except…