Supreme Court of Kansas July 11, 1942, No. 35,567 (Smith v. Power)

The opinion of the court was delivered by

Thiele, J.:

The purpose of the present action was to set aside a sheriff’s deed, and grew out of a previous foreclosure action.

On December 3, 1938, William R. Smith delivered to John L. Power a mortgage covering “all of the unsold portions of the following described property in the name of said William R.