Broadhurst Foundation v. New Hope Baptist Society

The opinion of the court was delivered by

Wertz, J.:

This was an action to foreclose a real estate mortgage. The pertinent facts follow.

On October 20, 1959, New Hope Baptist Church, a corporation (hereinafter referred to as New Hope), executed and delivered a promissory note to the appelle, Broadhurst Foundation, a charitable trust (hereinafter referred to as Broadhurst), in the amount of $70,000. The note was secured by a mortgage on its described real estate located in Sedgwick county.

On November 7, 1962, the appellant in the instant action, Seaboard Surety Company, a corporation (hereinafter…