Life Ass'n of America v. Cook
Supreme Court of Kansas
Error from Miami District Court. Foreclosure of mortgage, brought by the Life Association of America, a foreign life insurance company, against Abraham Cook and wife, and H. E. Westerman. All necessary facts and proceedings are set forth in the opinion, infra.
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Error from Miami District Court. Foreclosure of mortgage, brought by the Life Association of America, a foreign life insurance company, against Abraham Cook and wife, and H. E. Westerman. All necessary facts and proceedings are set forth in the opinion, infra. The district court, at June Term 1875, adjudged that the mortgage executed by Cook and wife to plaintiff was void, and that the mortgage on the same premises executed by Cook and wife to Westerman, was valid, and was the first and paramount lien on the lands described therein. The plaintiff appeals, and brings the case here on error. 1.…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Plaintiff in error, as plaintiff below, filed its petition in the district court on the 25th of August 1874, against defendants Abraham Cook, Elenah Cook, and H. E. Westerman, to foreclose a mortgage on certain real estate situate in an addition to the city of Paola, Miami county, the Cooks being the mortgagors, .and Westerman holding a second mortgage on the same property. The Cooks made default, though they were duly served with summons. The petition sets forth a copy of the mortgage, that the plaintiff was an incorporated life…
Also in this document: Concurrence.
2Cases cited2 opinions
- Gaylord v. StebbinsSupreme Court of Kansas · 1866
- School District v. CarterSupreme Court of Kansas · 1873
3Cited by4 opinions
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Bierce v. State Nat. Bank of Memphis, Tenn.Supreme Court of Oklahoma · 1912
- United States Mortgage Co. v. McClureOregon Supreme Court · 1902
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917