Spadra-Clarksville Coal Co. v. Nicholson

The opinion of the court was delivered by

Porter, J.:

In order better to understand the present case it will be necessary to refer to some facts involved in certain previous litigation.

Many of the facts are recited in detail in the case of Trust Co. v. Zinc Co., 86 Kan. 860,122 Pac. 875. In that case the Commonwealth Trust Company as trustee foreclosed a mortgage or deed of trust given by the Cockerill Zinc Company to secure an issue of one thousand two hundred bonds, each for the face value of $1000. By the terms of the mortgage the maturity of the bonds was to be accelerated by the default in…