Kaw Valley State Bank v. Thompson

I am unable to concur in the judgment that the plaintiff was not entitled to foreclose the mortgage which he held. It has been the rule in Kansas from the beginning that the note and mortgage may be sued on separately and it may be found unnecessary to foreclose the mortgage. The court has recognized that the suit on the note is one of law to be tried by a jury, but the foreclosure of the mortgage is one in equity and must be foreclosed by the court. Because the mortgage is an incident of the note it has been held that it in fact may be held to constitute a part of the cause of action on the…