Legal Opinion

Skinner v. Mitchell

Court of Appeals of Kansas

Decided March 22, 1897No. 197PublishedCited by 3 opinions

Error from Smith. District Court. Hon. Cyrus Heren, Judge. This action was brought in the District Court of Smith County by the defendant in error against the plaintiffs in error to recover on a bond which obligated the plaintiffs in error to pay defendant in error a certain sum of money.

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Error from Smith. District Court. Hon. Cyrus Heren, Judge. This action was brought in the District Court of Smith County by the defendant in error against the plaintiffs in error to recover on a bond which obligated the plaintiffs in error to pay defendant in error a certain sum of money. The Thorntons, plaintiffs in error, in exchange for some property, conveyed to Mrs. Mitchell, defendant in error, certain real estate, which was mortgaged by the Thorntons, prior to their giving of the bond, to the Smith Brothers Loan and Trust Company, in the sum of seven hundred dollars. The mortgage…

1Opinion of the Court

*368 1. Covenant to satisfy mortgage is personal.

McElroy, J.

It is contended on the part of the plaintiffs in error that this bond is in the nature of a covenant running with the land, known as a “ real ” covenant. This position is not tenable. A covenant to pay off a certain mortgage is personal, even though *368it is expressly stated in the lease or grant that the covenant shall run with the land. Campbell v. Johnson, 4 Dana, (Ky.) 177. See Addison on Contracts, vol. 3, note 113, Appendix.

2. errors not specified, no reversal.

The plaintiffs in error allege error on the part of the trial court in the…

2Cases cited1 opinion

  1. Harter v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1895

3Cited by3 opinions

  1. McDonald v. FinsethNorth Dakota Supreme Court · 1915
  2. Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
  3. Water Users Assn. v. Bldg. Assn.Wyoming Supreme Court · 1931

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