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BROADHURST FOUNDATION v. NEW HOPE BAPTIST SOCIETY

No. 43,797

194 Kan. 40 (1964)

397 P.2d 360

BROADHURST FOUNDATION, a Charitable Trust, by William Broadhurst, sole Trustee of Broadhurst Foundation, a Charitable Trust, Appellee, v. New Hope Baptist Society, a Corporation; New Hope Baptist Church, a Religious Corporation, et al., Defendants; and SEABOARD SURETY COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Dale H. Cooper, of Wichita, argued the cause, and Lloyd F. Cooper, W. Jay Esco, and Richard A. Loyd, of Wichita, were with him on the briefs for the appellant.

Robert H. Cobean, of Wellington, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to foreclose a real estate mortgage. The pertinent facts follow.

On October 20, 1959, New Hope Baptist Church, a corporation (hereinafter referred to as New Hope), executed and delivered a promissory note to the appelle, Broadhurst Foundation, a charitable trust (hereinafter referred to as Broadhurst), in the amount of $70,000. The note was secured by a mortgage on its described...

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