Kansas Seventh Day Adventist Conference Ass'n v. Williams

The opinion of the court was delivered by

Hoch, J.:

This was an action to foreclose a real estate mortgage. Defendants appeal from an order sustaining plaintiff’s demurrer to the answer. The question is whether defendants may claim as mortgagees in possession, under a first mortgage or—as the court below held—-must be regarded as owners of the land subject to plaintiff’s mortgage as a first lien.

*556On August 20, 1930, Laura Sidler, now Laura Sidler Williams, owner of land in Wallace county, secured a loan of $.500 from W. A. Anderson, and gave him her promissory note for that amount secured by…