Lecomte v. Pennock

The opinion of the court was delivered by

Johnston, J. :

This was.an action in the nature of ejectment brought by O. P. LeComte against A. B. Pennock, E. L. Prince, and the First National Bank of Concordia, Kansas, to recover real estate on which was situate a grain elevator. In 1894 LeCompte was *331the owner of the property, and mortgaged the same to secure the payment of a loan of $1000 which he had obtained from the bank, and for which Norris Chartier had become surety. In 1895 he executed another note to thp bank for an additional $1000, with E. Chartier as surety, and as additional security…