Legal Opinion

Howell, Jewett & Co. v. McCrie

Supreme Court of Kansas

Decided January 15, 1887PublishedCited by 22 opinions

Error from Atohison District Court. Action .brought on October 24, 1884, by Robert McCrie against Samuel A. Stoner and Nannie E. Stoner, his wife, to foreclose a mortgage and enforce a first lien on the premises described in the petition, the same being the homestead of the defendants. G. C. Hixon & Co. and Howell, Jewett & Co, were made defendants, they being judgment creditors of the mortgagors, and claiming liens on the premises for improvements thereon.

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Error from Atohison District Court. Action .brought on October 24, 1884, by Robert McCrie against Samuel A. Stoner and Nannie E. Stoner, his wife, to foreclose a mortgage and enforce a first lien on the premises described in the petition, the same being the homestead of the defendants. G. C. Hixon & Co. and Howell, Jewett & Co, were made defendants, they being judgment creditors of the mortgagors, and claiming liens on the premises for improvements thereon. Howell, Jewett & Co. stated, among other things, in their answer and cross-petition, that — “The pretended mortgage set up in plaintiff’s…

1Opinion of the Court

Opinion by

Simpson, C.:

The precise question in the case is, whether the written instrument executed and acknowledged by Nannie E. Stoner, on the 27th day of December, 1881, considered in connection with the mortgage executed by her husband, Samuel A. Stoner, on the 12th day of November, 1881, fulfills the requirements of article 15, § 9 of the constitution, and amounts to and is the joint consent of husband and wife to the alienation. In this case the husband, without the knowledge or consent of the wife, executed a mortgage on the homestead, signed, or procured some one to sign, the name of…

2Cases cited12 opinions

  1. Morris v. WardSupreme Court of Kansas · 1869
  2. Dye v. MannMichigan Supreme Court · 1862
  3. First National Bank v. DrakeSupreme Court of Kansas · 1883
  4. Helm v. HelmSupreme Court of Kansas · 1873
  5. Ott v. SpragueSupreme Court of Kansas · 1882

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Edwards v. Carson Water Co.Nevada Supreme Court · 1893
  2. Watson v. WatsonSupreme Court of Kansas · 1920
  3. Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
  4. Hawkins v. CorbitSupreme Court of Oklahoma · 1921
  5. Long v. TalleySupreme Court of Oklahoma · 1921

17 more not listed; retrieve them via the Exa API.

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