Challiss v. Headley & Carr
Supreme Court of Kansas
Error from Atchison District Court. Two actions were brought by L. C. Challiss in the Atchi- ' ,son district court. In No. 152 James A. Headley wad. Joseph , F. Carr were defendants; the petition was filed in December 1861, an order of attachment sued out and served, and service' by publication, the answer-day being June 14, 1862. In the-other suit, No. 271, said Headley and Carr, and Rosaline P. Carr, Lizzie P. Abbott, Thomas Wise, and Wm. Crookham were defendants.
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Error from Atchison District Court. Two actions were brought by L. C. Challiss in the Atchi- ' ,son district court. In No. 152 James A. Headley wad. Joseph , F. Carr were defendants; the petition was filed in December 1861, an order of attachment sued out and served, and service' by publication, the answer-day being June 14, 1862. In the-other suit, No. 271, said Headley and Carr, and Rosaline P. Carr, Lizzie P. Abbott, Thomas Wise, and Wm. Crookham were defendants. This last action was to foreclose a mortgage executed by James A. Headley, Joseph P. Carr and Rosaline P. Carr; the petition was…
1Opinion of the Court
'The opinion of the court was delivered by
Brewer, J.:
Some of the questions in this case are identical with those in the case of Foreman v. Scott, just decided, .■and therefore we need not consider them in this. There are also some different questions which will require examination. It is objected as against the decree that it contained a personal judgment for money, and an order for an execution for the amount, if any, unsatisfied by a sale of the mortgaged premises. Conceding this to be unauthorized, it would not affect the validity of the decree for foreclosure and sale, nor authorize a…
2Cited by9 opinions
- State v. CollierSupreme Court of Kansas · 1998
- Hill v. HillSupreme Court of Kansas · 1959
- Indiana University Foundation v. ReedSupreme Court of Kansas · 1985
- Headley v. ChallissSupreme Court of Kansas · 1875
- Pierce v. ButtersSupreme Court of Arkansas · 1878
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