Supreme Court of Kansas June 12, 1937, No. 33,409 (Motor Equipment Co. v. Winters)

The opinion of the court was delivered, by

Wedell, J.:

This action was brought to foreclose a second mortgage on real estate after a first mortgage had been foreclosed without joining the second mortgagee as party defendant. Judgment was for defendants, and plaintiff appeals. The action was tried on an agreed statement of facts.