Crooker v. Pearson
Supreme Court of Kansas
Error from, Republic District Cow-t. Action, brought by Orooker against the heirs at law of Benjamin F. Pearson and others, upon three promissory notes, executed May 6, 1878, by Benjamin F. Pearson, payable in two, four and six months after date, and to foreclose a mortgage given to secure their payment. Pearson at the time of the execution of said notes was a resident of the state of Iowa, and continued to reside there up to the time of his death.
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Error from, Republic District Cow-t. Action, brought by Orooker against the heirs at law of Benjamin F. Pearson and others, upon three promissory notes, executed May 6, 1878, by Benjamin F. Pearson, payable in two, four and six months after date, and to foreclose a mortgage given to secure their payment. Pearson at the time of the execution of said notes was a resident of the state of Iowa, and continued to reside there up to the time of his death. The notes executed by him to the plaintiff in error were made payable at Keosauqua, Iowa. Plaintiff in error was and is a resident of the state of…
1Opinion of the Court
Opinion by
Clogston, C.:
The investigation is limited to one question: whether the action to foreclose the mortgage given to secure the notes was barred at its commencement? Defendants in error insist that as this was a contract alleged by the plaintiff to be performed in the state of Iowa, and the plaintiff and defendants were non-residents of the state of Kansas, and residents of Iowa and Michigan, that the laws of Iowa, and not those of Kansas, govern. The record also *412shows, in addition to the facts already stated, that shortly after the appointment of the administrator in Iowa, the…
2Cases cited2 opinions
- Allen v. MoerSupreme Court of Iowa · 1864
- Moores v. EllsworthSupreme Court of Iowa · 1867
3Cited by2 opinions
- Hill v. HillSupreme Court of Kansas · 1959
- Troemper v. BarzSupreme Court of Kansas · 1945