Stanclift v. Norton
Supreme Court of Kansas
Error from Pottawatomie District Court. Action to foreclose nmrtgage given by Standift and wife to Norton. The mortgage was dated February 8th, 1870, was to secure an indebtedness of $2,000, payable four years after date, with interest payable annually, and contained this stipulation: “But if said sum of money or any part thereof, or any interest thereon is not paid when the same is due, then in that case the whole of said sum and interest shall and by this indenture does…
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Error from Pottawatomie District Court. Action to foreclose nmrtgage given by Standift and wife to Norton. The mortgage was dated February 8th, 1870, was to secure an indebtedness of $2,000, payable four years after date, with interest payable annually, and contained this stipulation: “But if said sum of money or any part thereof, or any interest thereon is not paid when the same is due, then in that case the whole of said sum and interest shall and by this indenture does immediately become due and payable; or if the taxes and assessments of every nature which: are assessed or levied against…
1Opinion of the Court
The opinion of the court was delivered' by
Brewer, J.:
Two questions are raised by counsel for plaintiff in error in their brief. The first grows out of these facts: The action is one for the foreclosure of a mortgage. The mortgagor failing to pay the taxes, the mortgagee paid them. The amount so paid was included in the judgment, and for it, as well as the principal debt, the premises were ordered sold. Was this error? The mortgage contains no other stipulation in reference to this matter than that upon a failure to pay the taxes when due, the entire mortgage debt should become due and the…
2Cases cited3 opinions
- Ferris v. FerrisNew York Supreme Court · 1858
- Valentine v. Van WagnerNew York Supreme Court · 1862
- Contributors to the Pennsylvania Hospital v. Gibson, Pennsylvania Court of Common Pleas, Philadelphia County1839
3Cited by17 opinions
- Noell v. GainesSupreme Court of Missouri · 1878
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Snyder v. MillerSupreme Court of Kansas · 1905
- Pope v. HooperNebraska Supreme Court · 1877
- Spesard v. SpesardSupreme Court of Kansas · 1907
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