Legal Opinion

Waterson v. Kirkwood

Supreme Court of Kansas

Decided July 15, 1876PublishedCited by 21 opinions

Error from Nemaha District Court. This case was in this court in 1871, on error from Marshall district court, and is reported in 8 Kas. 463. The subsequent proceedings, and all the facts, are fully stated in the opinion, infra. The plaintiff below, Kirlcwood, had judgment at the April Term 1874, and Waterson and Edwards bring the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action on a note and mortgage brought by Francis Kirkwood against William H. Pearsoll and wife, and said Waterson and Edwards. The facts of the case seem to be substantially as follows: The note was executed July 28th 1860, by said Pearsoll to John Potter for $150, due in one year, with interest from date at the rate of twenty per cent, per annum. The mortgage was executed at the same time by Pearsoll and wife to Potter on the S.W. J of sec. 9, township 4, range 6, in Marshall county, to secure the payment of the note, which…

2Cases cited1 opinion

  1. Wood v. GoodfellowCalifornia Supreme Court · 1872

3Cited by21 opinions

  1. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  2. Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
  3. Perry v. HorackSupreme Court of Kansas · 1901
  4. Kerndt & Bros. v. PorterfieldSupreme Court of Iowa · 1881
  5. Ordway v. CowlesSupreme Court of Kansas · 1891

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