Glenn v. Callahan

The opinion of the court was delivered by

Marshall, J.;

The plaintiff commenced this action to foreclose a mortgage givejn by the defendants Dan F. Callahan and Esther D. Callahan, his wife, on certain real property situated in King-*45man county. Judgment of foreclosure was entered, but the mortgage lien was made subject to the lien of the Farmers State Bank of Kingman and of Charles W. Johnson, its receiver. The plaintiff appeals.

The action was tried on an agreed statement of facts, which was, in part, as follows:

“That the Farmers State Bank of Kingman, Kan., was a Kansas banking corporation and…