Markley v. Carbondale Investment Co.

The opinion of the court was delivered by

Pollock, J.:

This action was brought by A. C. Markley against the Carbondale Investment Company to recover possession of, and rents and'profits accruing from, an eighty-acre tract of land. In March, 1899, the investment company conveyed the property to H. .W. and I. D. Burdick, taking a mortgage on the premises to secure a promissory note given as evidence of the entire purchase-price agreed to be paid for the land. Default having been made in payment of the mortgage debt, an action to foreclose this mortgage was brought in Osage county, and the venue…