51 Kan. 425 | Kan. | 1893
The opinion of the court was delivered by
1 was evidently so treated by the trial court we cannot for that reason reverse the judgment. There is no showing here that there was any real dispute as to the identity of the lots covered by the mortgage with those included in the deed to defendant Rouse.
It is contended also that Bartholomew, having brought suit against Vandeventer to foreclose the mortgage, and having attached and sold Vandeventer’s property, thereby elected to pursue his remedies solely against Vandeventer, and must be held to have released Rouse; that he must promptly elect which remedy he will pursue, and that his claim in this action
The judgment will be affirmed.