Wilder v. Cockshutt
Supreme Court of Kansas
Error from Marion District Court. February 23, 1880, Cochshult filed a petition in the’district court of Marion county, against David Christie and wife' to foreclose a mortgage executed by them on February 10,. 1879, to secure the sum of $7,215, with interest at the rate of 7-J per cent, per annum. Elijah Leonard, an attaching creditor of David Christie, was a defendant in the action.
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Error from Marion District Court. February 23, 1880, Cochshult filed a petition in the’district court of Marion county, against David Christie and wife' to foreclose a mortgage executed by them on February 10,. 1879, to secure the sum of $7,215, with interest at the rate of 7-J per cent, per annum. Elijah Leonard, an attaching creditor of David Christie, was a defendant in the action. The board of county commissioners, the county treasurer and county clerk of said county, and Edward Wilder, were also made defendants, for the purpose of making equitable redemption from certain tax sales of the…
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
The principal question in this case is, whether a mortgagee of lands can enforce redemption from a tax sale in which there was intentionally included illegal taxes and charges, at less than the legal taxes and charges,-and the statutory rate of interest thereon?
In ordinary cases, the statute has provided the mode and terms of redemption to be pursued by the land-owner and the mortgagee. In such cases, as the right to redeem comes from the statute exclusively, it can be asserted only under the circumstances which are there prescribed.…
2Cases cited10 opinions
- Corbin v. YoungSupreme Court of Kansas · 1880
- Stebbins v. GuthrieSupreme Court of Kansas · 1868
- Smith v. SmithSupreme Court of Kansas · 1875
- Pritchard v. MadrenSupreme Court of Kansas · 1880
- Knox v. DunnSupreme Court of Kansas · 1879
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3Cited by3 opinions
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
- Miller v. ZieglerSupreme Court of Kansas · 1884
- Richards v. ColeSupreme Court of Kansas · 1884