Fuller v. Loftus

The opinion of the court was delivered by

Burch, J.:

The action in the district court was one to recover on a supersedeas bond executed by Mary R. Loftus as principal and J. V. Kelly as surety. The plaintiff was defeated and appeals.

The case is a sequel to that of Garrett v. Loftus, 82 Kan. 556, 109 Pac. 179, wherein the preliminary facts were stated as follows:

“The action in the district court was one to foreclose a mechanic’s lien. Mary R. Loftus owned an undivided one-sixth of the lots affected, in fee simple. Her husband undertook to convert a building standing upon the lots into an ice…