Legal Opinion

Baker v. Agricultural Land Co.

Supreme Court of Kansas

Decided June 9, 1900No. 11,647PublishedCited by 12 opinions

Error from Lyon district court; Charles B. Graves, judge pro tem. STATEMENT. On October 10, 1887, Julia A. Smith and her husband, F. E. Smith, executed and delivered to the Farm Land Mortgage and Debenture Company a note for $2000, and secured the same by a mortgage on land in Lyon county. Default having been made in the payment of interest, a foreclosure suit was begun by the mortgagee on March 8, 1891, wherein F. E..

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Error from Lyon district court; Charles B. Graves, judge pro tem. STATEMENT. On October 10, 1887, Julia A. Smith and her husband, F. E. Smith, executed and delivered to the Farm Land Mortgage and Debenture Company a note for $2000, and secured the same by a mortgage on land in Lyon county. Default having been made in the payment of interest, a foreclosure suit was begun by the mortgagee on March 8, 1891, wherein F. E.. Smith, Julia A. Smith, C. W. Smith and twenty-eight others were made parties defendant. The mortgaged land was deeded by Julia A. Smith and husband to C. W. Smith, which deed…

1Opinion of the Court

*82The opinion of the court was delivered by

Smith, J.:

It is contended by counsel for plaintiff in error that since the enactment of chapter 107 of the Laws of 1889 there has been no statute in force in this state authorizing service by publication. This claim is based upon the fact that sections 1 and 2 of that act do not refer to the chapter of the General Statutes of 1868 which they purport to amend. Section 1 begins as follows : “Section 1. That section 72 of the General Statutes of 1868 be and the same is hereby amended so that the same shall read as follows.” Then follow provisions…

2Cases cited7 opinions

  1. Reavis v. CowellCalifornia Supreme Court · 1880
  2. Smith v. WorsterSupreme Court of Kansas · 1898
  3. Landrum v. FlanniganSupreme Court of Kansas · 1899
  4. Neosho Valley Investment Co. v. CornellSupreme Court of Kansas · 1899
  5. Young v. YoungSupreme Court of Minnesota · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Arredondo v. Duckwall Stores, Inc.Supreme Court of Kansas · 1980
  2. Ziska v. AveySupreme Court of Oklahoma · 1912
  3. Commonwealth v. HouseSuperior Court of Pennsylvania · 1899
  4. Barnett v. Holyoke Mutual Fire InsuranceSupreme Court of Kansas · 1908
  5. Jones v. StandiferdSupreme Court of Kansas · 1904

7 more not listed; retrieve them via the Exa API.

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