Holcomb v. Thompson
Supreme Court of Kansas
Error from Barber District Court. Action by Holcomb against Thompson and wife, to recover the amount of a certain mortgage note which plaintiff alleged that defendants had assumed the payment of. Judgment for defendants. The plaintiff brings the case here. At the session of the court in January, 1893, it was decided, ánd there was filed herein an opinion, (syllabus and opinion by Strang, C.,) recommending a reversal of the judgment of the trial court.
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Error from Barber District Court. Action by Holcomb against Thompson and wife, to recover the amount of a certain mortgage note which plaintiff alleged that defendants had assumed the payment of. Judgment for defendants. The plaintiff brings the case here. At the session of the court in January, 1893, it was decided, ánd there was filed herein an opinion, (syllabus and opinion by Strang, C.,) recommending a reversal of the judgment of the trial court. By the court, it was so ordered—all the justices concurring. The syllabus therein formulated and declared to be the law is as follows: “1.…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Our attention has again been called, in a motion for a rehearing, to-the contents of the record in this case, and a careful examination of the same convinces us that the opinion heretofore handed down by Strang, C., does not declare the law upon the written covenant in the deed referred to. The name of the party who was to assume the payment of the Holcomb mortgage is omitted. It is attempted to make Thompson liable to pay $2,000, with interest thereon, on account of the written covenant in a deed of the 22d of April, 1887, executed to…
2Cases cited3 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Patton v. AdkinsSupreme Court of Arkansas · 1883
- Lewis v. DaySupreme Court of Iowa · 1880
3Cited by6 opinions
- Proctor Trust Co. v. NeihartSupreme Court of Kansas · 1930
- Hulin v. VeatchOregon Supreme Court · 1934
- Stephenson v. ElliottSupreme Court of Kansas · 1894
- George v. BlumbergCourt of Appeals of Texas · 1919
- Peoples Savings & Loan Ass'n v. CramWashington Supreme Court · 1933
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