Lyman v. Stanton
Supreme Court of Kansas
Error from Shawnee District Court. On June 10, 1884, J. Howell Stanton and his wife made and delivered to the National Loan & Trust Company, in Topeka, a note for $200 due in six months from date, and secured by a mortgage on certain land owned by them in Butler county, Nansas.
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Error from Shawnee District Court. On June 10, 1884, J. Howell Stanton and his wife made and delivered to the National Loan & Trust Company, in Topeka, a note for $200 due in six months from date, and secured by a mortgage on certain land owned by them in Butler county, Nansas. On the 24th day of August, 1884, they sold and conveyed by warranty deed, said land to Ella M. Davis, not excepting said mortgage; and on the 15th day of July, 1885, Ella M. Davis and husband sold and conveyed by warranty deed said land to H. W. Lyman and James W. Vail, not excepting the mortgage aforesaid. Afterward…
1Opinion of the Court
Opinion by
Clogston, C.:
In an action before a justice of the peace, where it is made to appear to his satisfaction that the title or boundaries of land are in dispute, he shall stay proceedings and certify the cause to the district court. And when so certified to the district court, that court shall try the cause as though originally commenced there. (Comp. Laws of 1885, ch. 81, § 7.) But where the justice is not so satisfied, or is mistaken in relation to the nature of the action, and retains the same for trial, and judgment is rendered against the defendant, and he appeals the cause to the…
2Cases cited2 opinions
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Douglass v. EasterSupreme Court of Kansas · 1884
3Cited by6 opinions
- Westlake v. CooperSupreme Court of Oklahoma · 1918
- Malcolm v. LarsonSupreme Court of Kansas · 1944
- Johnson v. EricksonNorth Dakota Supreme Court · 1905
- Wood Garage v. JasperNew Mexico Supreme Court · 1937
- Hall v. WardSupreme Court of Kansas · 1949
1 more not listed; retrieve them via the Exa API.