Emporia State Bank & Trust Co. v. Mounkes

519 P.2d 618, 214 Kan. 178 (1974)

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Emporia State Bank & Trust Co. v. Mounkes

Kansas Supreme Court
519 P.2d 618, 214 Kan. 178 (1974)

  • Written by Whitney Kamerzel , JD

Facts

Emporia State Bank & Trust Co. (Emporia) (plaintiff) loaned Mr. and Mrs. Mounkes (defendants) $12,500 to purchase a home. The mortgage signed by the parties included a dragnet clause that secured any future loans to the Mounkeses with the same mortgage. Eight years after the mortgage was given, Mr. Mounkes, on his own, borrowed $5,100 from Emporia to help his son start a business. The documents for this loan did not state that the original mortgage would be security. Instead, in the location used to identify the loan’s security, the word “sig” was recorded. The Mounkeses defaulted on their home mortgage, and Emporia brought suit to foreclose on both loans. The trial court foreclosed on both loans due to the dragnet clause in the original mortgage. The Mounkeses appealed.

Rule of Law

Issue

Holding and Reasoning (Fontron, J.)

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