Kelso v. Norton
Supreme Court of Kansas
Error from Osage district court; Robert C. Heizer, judge. STATEMENT. July 16, 1887, H. E. Norton, who resided in Lyon county, owned land in Chase county. At that date he was indebted to M. B. Kelso in the sum of $2100, to secure which he and his wife, Helen R. Norton, executed a mortgage on the Chase county land. No payments having been made on the debt, Kelso commenced a suit in the Chase county district court, September 13, 1889, to foreclose his mortgage.
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Error from Osage district court; Robert C. Heizer, judge. STATEMENT. July 16, 1887, H. E. Norton, who resided in Lyon county, owned land in Chase county. At that date he was indebted to M. B. Kelso in the sum of $2100, to secure which he and his wife, Helen R. Norton, executed a mortgage on the Chase county land. No payments having been made on the debt, Kelso commenced a suit in the Chase county district court, September 13, 1889, to foreclose his mortgage. A summons was issued in that suit, which was served personally upon Norton and his wife in Lyon county. Judgment and decree of…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Plaintiff in error Kelso insists that the recital in the judgment, “although personally. served with summons,” and the order of confirmation, together with the presumption which usually obtains in favor of the judgments of courts of general jurisdiction, constitute prima facie proof that a sealed summons was served upon the defendants in the foreclosure suit, which is not overcome by the evidence presented in this case. In view, however, of the op*446portunity which the trial court had to examine the original summons, and compare it with an…
2Cases cited10 opinions
- Mastin v. GraySupreme Court of Kansas · 1878
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Dexter v. CochranSupreme Court of Kansas · 1877
- McNeill v. EdieSupreme Court of Kansas · 1880
- Lindsay v. Board of CommissionersSupreme Court of Kansas · 1896
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3Cited by3 opinions
- Starke v. StarkeSupreme Court of Kansas · 1942
- Union Central Life Insurance v. PuckettSupreme Court of Kansas · 1916
- Ludvickson v. Severy State BankSupreme Court of Kansas · 1919