Ely v. Pingry
Supreme Court of Kansas
Error from Miami District Court. Action to foreclose mortgages and to determine' the priority of liens on a tract of land situate in the counties of Anderson, Franklin, and Miami. The cause was tried by the court without a jury, and the following findings of fact and conclusions of law were made and returned : “findings of fact. “1. On and prior to March 19, 1889, the plaintiff, Wm.
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Error from Miami District Court. Action to foreclose mortgages and to determine' the priority of liens on a tract of land situate in the counties of Anderson, Franklin, and Miami. The cause was tried by the court without a jury, and the following findings of fact and conclusions of law were made and returned : “findings of fact. “1. On and prior to March 19, 1889, the plaintiff, Wm. V. Pingry, was the owner and in actual possession of the real estate described in plaintiff’s petition, being 510 acres of real estate situated in Anderson, Franklin, and Miami counties, in the state of Kansas,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.: The controversy in this case is as to the relative priority of two mortgages upon a single tract of land situated in three counties. One of them *26belongs to Pingry, who conveyed the land to Rowlen, and, simultaneously with the delivery of the deed, Rowlen delivered to Pingry a mortgage upon the same land for a part of the purchase-money. The other is the Ely mortgage, which was executed and delivered by Rowlen before Pingry conveyed the land to him, and before he had any title thereto. The land was conveyed from Pingry to Rowlen on March…
2Cases cited8 opinions
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
- Gould v. WiseCalifornia Supreme Court · 1893
- Turk v. FunkSupreme Court of Missouri · 1878
- Farmers' Loan & Trust Co. v. MaltbyNew York Court of Chancery · 1840
- Schoch v. BirdsallSupreme Court of Minnesota · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Despain v. Pacific Mutual Life InsuranceSupreme Court of Kansas · 1910
- Kuehn v. American National BankSupreme Court of Kansas · 1925
- Kenney v. Jefferson County BankColorado Court of Appeals · 1898
- Kenney v. Jefferson County BankColorado Court of Appeals · 1898