Challiss v. Woodburn
Court of Appeals of Kansas
Memorandum. — Error from Nemaha district court; R. C. Bassett, judge. Action by William L. Ohalliss against John A. Woodburn and others to foreclose a mortgage. Judgment for defendants. Plaintiff brings the case to this court.
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Memorandum. — Error from Nemaha district court; R. C. Bassett, judge. Action by William L. Ohalliss against John A. Woodburn and others to foreclose a mortgage. Judgment for defendants. Plaintiff brings the case to this court. The statement of the case, as made by Gtlkeson, P. J., is as follows : Action by Challiss, as plaintiff below, to recover upon a note of $1,000 and foreclose a mortgage on the north half of the northwest quarter of section 27, and south half of southwest quarter of section 22, and the south 26f acres of the north half of the southwest quarter of section 22, township 4,…
1Opinion of the Court
The opinion of the court was delivered by
Gilkeson, P. J. :
There are but two questions necessary to be decided in this case: First, That the court erred in giving certain instructions; second, that the verdict and special findings are not supported by and are contrary to the evidence. The instruction complained of is as follows :
“The verified answer of the defendant Bidwell therefore puts in issue the assignment of said note to the plaintiff, and, as to that fact, the burden of proof is upon the plaintiff, and he must establish that the notes and mortgage sued upon were assigned to him as…
2Cases cited4 opinions
- Mann v. Second National BankSupreme Court of Kansas · 1886
- Baughman v. PennSupreme Court of Kansas · 1885
- Rahm v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Ecton v. HarlanSupreme Court of Kansas · 1878
3Cited by2 opinions
- Crozier v. NoriegaArizona Supreme Court · 1925
- Jones v. StoddartIdaho Supreme Court · 1902