Brown v. Kirkbride
Supreme Court of Kansas
Error from Wyandotte District Court. Foreclosure of mortgage, brought by Kirlcbride, as plaintiff, against Brown and six others, as defendants. The note was for $200, and interest at twelve per cent, per annum. Said note and the mortgage were dated 20th December 1864, were made in favor of one Cassandra F. Clark, and were executed by all the defendants except Bartlett and Sawyer. Plaintiff was the assignee of said Clark.
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Error from Wyandotte District Court. Foreclosure of mortgage, brought by Kirlcbride, as plaintiff, against Brown and six others, as defendants. The note was for $200, and interest at twelve per cent, per annum. Said note and the mortgage were dated 20th December 1864, were made in favor of one Cassandra F. Clark, and were executed by all the defendants except Bartlett and Sawyer. Plaintiff was the assignee of said Clark. Trial at the April Term 1876. The court found in favor of plaintiff. Amount due on the note, $443. Decree for sale of the mortgaged premises, and foreclosing the equities of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On the 8th of January 1872, Martha Kirkbride, the defendant in error, filed her petition in the' district court of Wyandotte county against John D. Brown, Jane Brown, Leander Brown, Eliza Ann Spybuek, John D. Brown, jr., Allison B. Bartlett, and H. H. Sawyer, plaintiffs in error, and John M. Wheeler and Cassandra P. Clark, as defendants, for the purpose of foreclosing a certain mortgage and note. To the petition so filed, the defendants A. B. Bartlett, H. H. Sawyer and John M. Wheeler filed their demurrer,-on the ground that the petition…
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