Hutchison v. Myers
Supreme Court of Kansas
Error from, Lyon District Court. Action on a promissory note, and to foreclose a mortgage given to secure its payment. Judgment for plaintiff, Myers, at the December term, 1889. Hutchison, one of the defendants, brings the case here.
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Error from, Lyon District Court. Action on a promissory note, and to foreclose a mortgage given to secure its payment. Judgment for plaintiff, Myers, at the December term, 1889. Hutchison, one of the defendants, brings the case here. The opinion states the material facts. . We contend that the court erred in overruling the demurrer to the petition of plaintiff as to the first ground of demurrer stated therein, that the petition shows a defect of parties plaintiff, and that Edward E. Holmes, the trustee named in the deed of trust, is the only person who could have maintained this suit as it…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
This was an action brought by Willis G. Myers against G. T. Jones and Abbie C. Jones, his wife, to recover $2,000 which he had loaned them, and to foreclose a mortgage or deed of trust given by the Joneses to secure the payment of the indebtedness. Edward E. Holmes, who was named as trustee in the mortgage deed of trust, was made a party defendant, as well as the Kansas City Investment Company, J. G. Hutchison, and others who claimed an interest. The investment company answered, setting up a second mortgage to the premises, executed by the…
2Cases cited4 opinions
- Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- R. L. McDonald & Co. v. KelloggSupreme Court of Kansas · 1883
- Eggan v. BriggsSupreme Court of Kansas · 1880
- Whittenhall v. KorberSupreme Court of Kansas · 1874
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- Cobb v. Wm. Kenefick Co.Supreme Court of Oklahoma · 1909
- Russell v. BovardSupreme Court of Kansas · 1941
- Hubbard v. CheneySupreme Court of Kansas · 1907
- School District No. 5 v. Community High SchoolSupreme Court of Kansas · 1937
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