Tarkowski v. Banks

The opinion of the court was delivered by

Thiele, J.:

This was an action to foreclose a mortgage on real estate, and from a judgment against them the defendants appeal.

George Wenning, who had been a resident of Republic county, Kansas, for some years prior thereto, was stricken with an illness in August, 1937, as a result of which his mind was affected. His sister, Lulu Tarkowski, was appointed guardian of his estate and took possession of his property. Among other assets were the note and mortgage which were the subject matter of this action. On May 10, 1938, the guardian commenced an action…