Rhodd Et Ux. v. Hembree

GIBSON, V.C.J.

This action was instituted in the district court of Pottawatomie county by Peter Rhodd and his wife against Hembree and Ewton, co-guardians of Una Hembree, an incompetent, and joining certain other parties as defendants, to quiet title to real property.

Issues were joined on the answer and cross-petition of said guardians seeking judgment on a promissory note and to foreclose the mortgage executed by plaintiffs to secure the same. Judgment was for defendant guardians, and plaintiffs appeal.

Plaintiffs alleged that the mortgage indebtedness had been fully paid and discharged.

The…