Legal Opinion

Foote v. Sprague

Supreme Court of Kansas

Decided January 15, 1874PublishedCited by 4 opinions

Error from Pottawatomie District Court. Foreclosure of mortgage, brought by Sprague against C. C. Foote, Susan Foote, and Samuel Cooper. The mortgage was executed by C. C. Foote, and Susan his wife, to secure a note given by said C. C. Foote and said Cooper.

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Error from Pottawatomie District Court. Foreclosure of mortgage, brought by Sprague against C. C. Foote, Susan Foote, and Samuel Cooper. The mortgage was executed by C. C. Foote, and Susan his wife, to secure a note given by said C. C. Foote and said Cooper. A personal judgment was rendered on the note against the makers thereof, at the August Term 1873 of the district court, and a decree of foreclosure and for the sale of the mortgaged premises was entered against Foote and wife. The defendants bring the case here. The errors complained of are stated in the opinion of the court. 1. The…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

*1581. Amending answer; laches. *157This was an action on a note and mortgage brought by the defendant in error as plaintiff below against the plaintiffs in error. Judgment was rendered in favor of the plaintiff below. The plaintiffs in error say in their brief, that “The district court erred in refusing leave to the defendants below to amend their answer by verifying the second paragraph thereof denying the indorsement of the note.” Said paragraph does not deny said indorsements. It simply denies that the indorsements were' made “for value…

2Cases cited3 opinions

  1. Stover v. JohnnycakeSupreme Court of Kansas · 1872
  2. Tholen v. DuffySupreme Court of Kansas · 1871
  3. Kurtz v. SponableSupreme Court of Kansas · 1870

3Cited by4 opinions

  1. Grand Island Savings & Loan Ass'n v. MooreNebraska Supreme Court · 1894
  2. Collins v. Industrial Savings SocietySupreme Court of Oklahoma · 1920
  3. Dorman v. CrozierSupreme Court of Kansas · 1875
  4. Underwood v. QuanticSupreme Court of Kansas · 1911

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