Provident Mutual Life Insurance v. State Highway Commission

The opinion of the court was delivered by

Thiele, J.:

This was an action for an injunction, and from a ruling sustaining defendant’s demurrer to its petition the plaintiff appeals. For convenience the plaintiff appellant is hereafter referred to as the company and the defendant appellee as the commission.

Omitting all formal parts, the company in its petition alleged that on March 1, 1924, one John G. Johannes and wife were the owners of a certain quarter section of real estate in Atchison county, Kansas, and on that date they mortgaged the real estate to the company to secure payment of a…