Wingard v. Smith

Citations

• 95 Kan. 84
• 148 P. 250
• 1915 Kan. LEXIS 171

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Note and Mortgage — In Default for More Than Fifteen Years— Evidence — Presumptions of Payment. The deposition of one witness and the oral testimony of two other witnesses were introduced in order to overcome the presumptions mentioned in chapter 232 of the Laws of 1911 that the mortgage in question was in default and that its lien had ceased to exist. The trial court found such evidence insufficient for such purpose. Held, that such conclusion, not appearing to be unwarranted, can not be disturbed on appeal.</p>