Legal Opinion

Brown v. Evans

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 23 opinions

Error from Franhlin District Court. Foreclosure, brought by Evans, as administrator of the estate of L. F. Staples, deceased, upon a mortgage given him by Brown and two others to secure a part of the purchase-money for certain lands belonging to the Staples estate, sold them by Evans. The defendants claimed a set-off to amount of $197.28 paid by them, after their purchase, for taxes, interest, etc., due on the lands at the date of their purchase.

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Error from Franhlin District Court. Foreclosure, brought by Evans, as administrator of the estate of L. F. Staples, deceased, upon a mortgage given him by Brown and two others to secure a part of the purchase-money for certain lands belonging to the Staples estate, sold them by Evans. The defendants claimed a set-off to amount of $197.28 paid by them, after their purchase, for taxes, interest, etc., due on the lands at the date of their purchase. Trial at the November Term 1873, and judgment for plaintiff for the full amount claimed in his petition. The proceedings upon- the trial, and the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action on a promissory note and mortgage. The issues were made up by petition, answer, and reply. Afterward the parties agreed upon the facts of the case, and submitted the case to the court below for judgment upon an agreed statement of facts. The court however, instead of finding the facts as agreed to by the parties, and rendering judgment thereon, made findings of its own, differing in form if not in substance from the facts agreed to by the parties, and then rendered judgment upon its own findings.

1. Trial; parties to me…

2Cases cited3 opinions

  1. Kansas Pacific Railway Co. v. ButtsSupreme Court of Kansas · 1871
  2. May v. TaylorTexas Supreme Court · 1863
  3. Stewart v. ClarkSupreme Court of Kansas · 1871

3Cited by23 opinions

  1. McCormick v. EdwardsTexas Supreme Court · 1887
  2. Consolidated Steel & Wire Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1899
  3. Childs v. CookSupreme Court of Oklahoma · 1918
  4. Capital Bank v. HuntoonSupreme Court of Kansas · 1886
  5. Richardson v. PalmerMissouri Court of Appeals · 1887

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