Martin v. Allen
Supreme Court of Kansas
Error from Doniphan district court; Albert Perry, judge pro tern. STATEMENT. On April 30,1895, James H. Martin was the owner of, and in possession of, eighty acres of farming land.
Read the full summary
Error from Doniphan district court; Albert Perry, judge pro tern. STATEMENT. On April 30,1895, James H. Martin was the owner of, and in possession of, eighty acres of farming land. On that date he and his wife executed and delivered ' to David Allen, the father of defendant in error, a warranty deed to the property, subject to a mortgage of $929.86 to J. P. Warren, a judgment for $224.49 in favor of Mary Martin, and .the taxes for 1894, all of which the grantee assumed to pay. On the same day David Allen made and delivered to Martin a written instrument in which the mortgage on the land to…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
It is contended'by counsel representing plaintiffs in error that the deed from James H. Martin to David Allen, and the contract given back by the latter to Martin, when considered together, constituted a mortgage. “We think otherwise. The deed to Allen recites that the land is encumbered by a mortgage, a judgment, and unpaid taxes. Neither the *761mortgage nor judgment appears from tlie writings to have been owned or held by Allen. In the agreement Allen assumed the payment of these encumbrances and the taxes, which amounted in the aggregate to…
2Cases cited1 opinion
- McNamara v. CulverSupreme Court of Kansas · 1879
3Cited by12 opinions
- Hoyt v. Union National Bank of WichitaSupreme Court of Kansas · 1924
- Holden Land & Live Stock Co. v. Inter-State Trading Co.Supreme Court of Kansas · 1912
- Fabrique v. Cherokee & Pittsburg Coal & Mining Co.Supreme Court of Kansas · 1904
- Root v. WearSupreme Court of Kansas · 1916
- Morrison v. JonesMontana Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.