Hoover Equipment Co. v. Smith

The opinion of the court was delivered by

Fromme, J.:

The Hoover Equipment Company, a corporation, filed an action to foreclose a mortgage on real estate in Allen county, Kansas. After issues were joined in the pleadings the action was dismissed by the trial court as against the defendant Edna Smith. A summary judgment was entered in favor of plaintiff and against the defendant Noland Smith for $121,445.97. The real estate was released from the lien of the 'mortgage.

The Hoover Equipment Company will be referred to herein as plaintiff. Plaintiff appeals from the order denying judgment and…