Legal Opinion

Watkins v. Glenn

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 9 opinions

Error from Harper District Court. ON March 1, 1886, Marshall H. Glenn and Lillie 0. Glenn, his wife, executed and delivered their promissory note for $1,500 to the trustees of the Home for Friendless and Destitute Children, in the city of Wilmington, and at the same time to secure the payment of the note, they executed and delivered their mortgage deed to the home upon the following-described real estate : The south half of the northwest quarter of section 12, township 32,…

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Error from Harper District Court. ON March 1, 1886, Marshall H. Glenn and Lillie 0. Glenn, his wife, executed and delivered their promissory note for $1,500 to the trustees of the Home for Friendless and Destitute Children, in the city of Wilmington, and at the same time to secure the payment of the note, they executed and delivered their mortgage deed to the home upon the following-described real estate : The south half of the northwest quarter of section 12, township 32, range 7, west of the sixth principal meridian, in Harper county, in this state. The note and mortgage were subsequently…

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J. :

The question for our determination in this case is, whether chapter 109, Laws of 1893, relating to the sale and redemption of real estate, was intended by the legislature to operate retrospectively, *426so as to apply to mortgage contracts existing at and before its passage. Involved in this is the further question whether, if the act was intended to apply to such contracts, it violates article 1, § 10 of the constitution of the United States, which ordains that “no state shall . . . pass any . . . law impairing the obligation of contracts.”…

Also in this document: Concurrence.

2Cases cited49 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  3. Edwards v. KearzeySupreme Court of the United States · 1878
  4. Bronson v. KinzieSupreme Court of the United States · 1843
  5. McCracken v. HaywardSupreme Court of the United States · 1844

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3Cited by9 opinions

  1. Welsh v. CrossCalifornia Supreme Court · 1905
  2. International Mortgage Trust Co. v. HenrySupreme Court of Kansas · 1934
  3. Wilder v. CampbellIdaho Supreme Court · 1896
  4. Little v. KohnDistrict Court, E.D. Pennsylvania · 1911
  5. Walterscheid v. BowdishSupreme Court of Kansas · 1908

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