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POTWIN STATE BANK v. WARD

No. 40,758

183 Kan. 475 (1958)

327 P.2d 1091

THE POTWIN STATE BANK, a Corporation, Appellee, v. (CHARLES R. WARD, SR., and DELORES L. WARD, husband and wife, and WILLIAM TINKLER, Defendants), J.B. HOUSTON & SON LUMBER COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed July 16, 1958.

Attorney(s) appearing for the Case

S.E. Freeman, of Wichita, L.J. Bond and Robert M. Bond, both of El Dorado, were on the briefs for appellant.

J.B. McKay and James B. McKay, Jr., both of El Dorado, were on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action brought by the appellee in the lower court to foreclose a mortgage reciting a consideration of "One Dollar ($1.00) and the further covenants, agreements and loans and advances hereinafter specified" with a specific recital that it was "intended as a mortgage to secure the payment of any sum or sums of money which may be loaned or advanced by the mortgagee, its successors or assigns...

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