Nooner v. Short
Supreme Court of Kansas
This case is here for the second time, on error from Neosho district court. The facts and original pleadings are fully stated in 16 Kas. 220. After the district court set aside the decree at July Term 1874, as stated in 16 Kas. 221, an amended petition was filed by Short, plaintiff, in which he averred, as to defendant Nooner, that Nooner claimed “an interest in the mortgaged premises adverse and paramount to the mortgage lien of plaintiff, whereas in truth and in fact the…
Read the full summary
This case is here for the second time, on error from Neosho district court. The facts and original pleadings are fully stated in 16 Kas. 220. After the district court set aside the decree at July Term 1874, as stated in 16 Kas. 221, an amended petition was filed by Short, plaintiff, in which he averred, as to defendant Nooner, that Nooner claimed “an interest in the mortgaged premises adverse and paramount to the mortgage lien of plaintiff, whereas in truth and in fact the deed under which said Nooner claims title is'in fraud of plaintiff’s rights, and is inferior and subservient to…
1Opinion of the Court
Per Guriam:
All the legal questions involved in this case have already been passed upon and decided by this court in other cases. We cite below the decisions decisive of the matters presented:
I. The reply was waived, as the case was tried in every respect the same as it would have been tried, if a reply had been filed. Hopkins v. Cothran, 17 Kas. 173; Wilson v. Fuller, 9 Kas. 177, 190.
II. In regard to the allegation that the defendant in error had stated no facts to entitle him to the judgment that his mortgage was prior in right to the interest of the plaintiff in error to all of the tracts…
2Cases cited3 opinions
- Short v. NoonerSupreme Court of Kansas · 1876
- Hopkins v. CothranSupreme Court of Kansas · 1876
- Barrett v. ButlerSupreme Court of Kansas · 1870
3Cited by10 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- State ex rel. Com'rs of Land Office v. ReynoldsSupreme Court of Oklahoma · 1949
- United States ex rel. Search v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1895
5 more not listed; retrieve them via the Exa API.