Fidelity State Bank v. Kirk

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from an order setting aside a judgment in an action to foreclose a mortgage on a residential property in Kansas City and a cross appeal from the limitations which the trial court placed in its order pertaining thereto.

So far as pertinent the material facts appear to have been as follows:

Some years ago, Ida May Kirk and William Mitchell Kirk were the owners of the property of present concern. To secure some indebtedness, amount not shown, they executed a mortgage on this property. Later first one and then the other of these…