Wright v. Bacheller
Supreme Court of Kansas
Error from Lyon District Court. Foeeclosuee of mortgage, brought by Wright against C. B. Bacheller and Allie B. Bacheller. The material facts, pleadings, issues and proceedings, are sufficiently stated in the opinion.- At the March Term 1874 of the district court, Wright recovered judgment in personam against C. B. Bacheller for the amount of the note, but the court made a decree in favor of Allie B. Bacheller setting aside and canceling the mortgage.
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Error from Lyon District Court. Foeeclosuee of mortgage, brought by Wright against C. B. Bacheller and Allie B. Bacheller. The material facts, pleadings, issues and proceedings, are sufficiently stated in the opinion.- At the March Term 1874 of the district court, Wright recovered judgment in personam against C. B. Bacheller for the amount of the note, but the court made a decree in favor of Allie B. Bacheller setting aside and canceling the mortgage. From this decree Wright appeals, ’and brings the case here on error. .
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
statement of facts. This was an action upon a promissory note and a real-estate mortgage made to secure said. note. The action was commenced by Henry Wright against C. B. Bacheller and Allie B. Bacheller. The court below rendered a personal judgment in favor of Wright and against C. B. Bacheller for the amount of the note; but rendered a judgment in favor of the other defendant, the said Allie B., that said mortgage should be delivered up and canceled 'and held to be no cloud upon the mortgaged premises. It is this latter judgment of…
2Cases cited10 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
- Stringer v. DavisCalifornia Supreme Court · 1866
- Taylor v. HosickSupreme Court of Kansas · 1874
- Grant v. PenderySupreme Court of Kansas · 1875
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3Cited by17 opinions
- Seattle National Bank v. CarterWashington Supreme Court · 1895
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Consolidated Steel & Wire Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1899
- Small v. ComerSupreme Court of Oklahoma · 1935
- Caldwell v. BaxterSupreme Court of Oklahoma · 1931
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