Union National Bank & Trust Co. v. Acker

The opinion of the court was delivered by

Kaul, J.:

The appellant, Union National Bank of Manhattan, hereafter referred to as the Bank, brought this action to impress an equitable mortgage upon a house in Wichita.

In December of 1966, Stevens and Glenna Acker, husband and wife, resided in Wichita. They desired to build a new home and initiated construction with $6,000.00 of their own money. In January 1967, Stevens, through his father William Acker, who resided in Manhattan, arranged to borrow funds from the Bank to finance the construction. During the next few months Bank advanced, in several…