Chicago, Kansas & Western Railroad v. Nashua Savings Bank
Supreme Court of Kansas
Error from Kingman District Court. ACTION by the Nashua Savings Bank against Joseph Thomas, the Chicago, Kansas <& Western Railroad Company and others, to foreclose a mortgage. Defendant Railroad Company resisted the action, on the ground that its right-of-way over the mortgaged premises was not subject to the mortgage, and from an adverse judgment it brings error.
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Error from Kingman District Court. ACTION by the Nashua Savings Bank against Joseph Thomas, the Chicago, Kansas <& Western Railroad Company and others, to foreclose a mortgage. Defendant Railroad Company resisted the action, on the ground that its right-of-way over the mortgaged premises was not subject to the mortgage, and from an adverse judgment it brings error. Following is the material part of the agreed statement of facts on which the case was tried: “It is hereby stipulated and agreed by and between the plaintiff and the defendant the Chicago, Kansas & Western Eailroad Company that the…
1Per curiam
No brief has been filed upon the part of the defendant in error. Upon the matters presented, the cases of L. N. & S. Rly. Co. v. Meyer, 50 Kas. 25; Rand v. Ft. S. W. & W. Rly. Co., 50 id. 114; Goodrich v. Comm’rs of Atchison Co., 47 id. 355, are decisive against the plaintiff below.
Upon the agreed statement of facts, the judgment of the district court' will be reversed, with direction to the court to enter judgment for the railroad company, decreeing its right-of-way to be superior to and free from the mortgage.
2Cases cited1 opinion
- Leavenworth, Northern & Southern Railway Co. v. MeyerSupreme Court of Kansas · 1892