Dreese v. Myers
Supreme Court of Kansas
Error from Ellis District Court. ACTION by Willis A. Myers against Anna Dreese for the foreclosure of a mortgage. At the May term, 1889, plaintiff had judgment, and, from an order refusing to set aside the sale thereon, defendant brings error.
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Error from Ellis District Court. ACTION by Willis A. Myers against Anna Dreese for the foreclosure of a mortgage. At the May term, 1889, plaintiff had judgment, and, from an order refusing to set aside the sale thereon, defendant brings error. The testimony in this ease shows that the plaintiff in error was, at the time of making this mortgage, and for a long time prior thereto, in the open and notorious possession of this property as a homestead, with the family consisting of five children, and her husband had been a resident with her of this city. Her possession, then, was notice to the…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
This proceeding was brought to review the ruling of the district court refusing to set aside a sale of real •estate which had been made in pursuance of an order of that court. The order was made in an action brought to recover upon an indebtedness of $200 due from Anna Dreese to Willis A. Myers, and to foreclose a mortgage given to secure the payment of the indebtedness. Personal service was made upon the defendant, Mrs. Dreese, but she filed1 no answer and made no defense. On May 12,1888, judgment was rendered for the amount, and for a…
2Cases cited2 opinions
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Tyler v. JohnsonSupreme Court of Kansas · 1891
3Cited by6 opinions
- Powell v. NicholsSupreme Court of Oklahoma · 1910
- Federal Union Life Ins. v. DeitschOhio Supreme Court · 1934
- Stokes v. StateSupreme Court of Oklahoma · 1965
- De Fontenay v. ChildsMontana Supreme Court · 1933
- Vázquez v. FontSupreme Court of Puerto Rico · 1938
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