Topeka State Bank v. Brown

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 in favor of the plaintiff two of the defendants appeal.

The following statement will tend to explain matters in controversy: William Brown, a resident of Osage county, died in 1907, leaving a will under which a large amount of real estate was devised to his sons, Frank Brown and Barnum Brown, in equal shares. We are not concerned with their various operations further than that in 1930 they consulted with each other with the idea of making a voluntary partition of…