Humphrey v. Spencer

The opinion of the court was delivered by

Dawson, J.:

This was an action in ejectment. Plaintiff prevailed, and defendant appeals.

The facts were these: In 1929 defendant borrowed $2,500 from a bank in Atchison, giving his note and a mortgage on a 109-acre farm as security. The bank assigned the note and mortgage to plaintiff. Thereafter defendant made default in the payment of interest and taxes; and to avoid foreclosure he conveyed the farm to plaintiff by warranty deed, pursuant to a contemporaneous agreement between plaintiff and defendant to this effect:

Plaintiff agreed to lease the farm to…