Supreme Court of Kansas January 11, 1908, No. 15,280 (Greenwell v. Moffett)

The opinion of the court was delivered by

Benson, J.:

William Greenwell and Minnie L. Greenwell commenced a suit to cancel certain notes and a mortgage given by them to John Moffett and Moffett Brothers & Andrews, alleging duress in the execution thereof and failure of consideration. The defendants in that suit pleaded default in the conditions of the mortgage and prayed for foreclosure.