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FARMERS & MERCHANTS BANK v. COPPLE

No. 42,838

190 Kan. 170 (1962)

373 P.2d 219

FARMERS AND MERCHANTS BANK, Mound City, Kansas, a Corporation, Appellee, v. MURRAY T. COPPLE, a/k/a TIM COPPLE, and OPAL COPPLE, a/k/a OPAL H. COPPLE, husband and wife, Appellants.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Harry C. Blaker, of Pleasanton, was on the brief for the appellants.

Leighton A. Fossey, of Mound City, argued the cause, and John H. Morse, also of Mound City, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action on a promissory note secured by a real estate mortgage seeking judgment against the defendants and foreclosure of the mortgage. Appeal has been duly perfected from an order of the trial court overruling a demurrer to the plaintiff's petition.

The question presented is whether the petition alleges sufficient facts to accelerate the maturity of the note. Included within the

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