Clark v. Axley

The opinion of the court was delivered by

Thiele, J.:

This was an action to enforce a contract for the conveyance of real estate. Defendant’s demurrer to plaintiff’s amended petition was overruled and he appeals.

For present purposes, it may be said that the amended petition alleged that-the defendant had formerly owned the northeast quarter of section 1, township 34 south, range 2 east, in Sumner county, hereafter called the real estate, a,nd under date of July 1, 1934, had executed two described mortgages to secure payment of $2,200' and $1,100, and that the last mortgage was released of…