Schuler v. Fowler

*99The opinion of the court was delivered by

Greene, J. :

The plaintiff "in error brought this action in the district court of Harper county, Kansas, on a promissory note signed by O. O. Fowler, Matilda Fowler, Orion Fowler, and C. R. Fowler, to recover a personal judgment against said defendants and a foreclosure of a mortgage executed by O. O. Fowler and Matilda Fowler. This note and mortgage were given to one E. F. Clark, and by Clark indorsed to plaintiff in error. Personal service was had on Orion Fowler. On the 1st day of September, 1896, at the September, 1896, term of court, the plaintiff…