Legal Opinion

Bailey v. Gilliland

Court of Appeals of Kansas

Decided April 3, 1896No. 51PublishedCited by 4 opinions

Memorandum. — Error from Dickinson district court; M. B. Nici-iolson, judge. Action by Samuel A. Bailey against William 0. Gilliland and others. From a judgment giving plaintiff partial relief, he brings the case to this court.

Read the full summary

Memorandum. — Error from Dickinson district court; M. B. Nici-iolson, judge. Action by Samuel A. Bailey against William 0. Gilliland and others. From a judgment giving plaintiff partial relief, he brings the case to this court. The statement of the case, as made by Gilkbson, P. J., is as follows : This was an action brought by the plaintiff in error in the district court of Dickinson county, Kansas, to recover upon a note and to foreclose a mortgage given by defendant in error Gilliland on the southwest quarter of section 34, township 16 south, range 1 east, in said county of Dickinson. Some…

1Opinion of the Court

The opinion of the court was delivered by

Gilkeson, P-. J. :

Very many assignments of error are set out in the brief of plaintiff in error, only one of which, we think, demands our attention, it being the only one to which the attention of the trial court was called upon the motion for new trial, viz., “That the court erred in refusing the plaintiff a lien on the mortgaged premises.” All other errors committed by the trial court were in favor of the plaintiff in error, and of them he cannot be heard to complain. The allegations of the petition are : That on the 1st day of August, 1885, William…

2Cases cited4 opinions

  1. Burson v. HuntingtonMichigan Supreme Court · 1870
  2. Powell v. ConantMichigan Supreme Court · 1876
  3. Andrews v. ThayerWisconsin Supreme Court · 1872
  4. Goodwin v. OwenIndiana Supreme Court · 1876

3Cited by4 opinions

  1. In Re Estate of ThompsonSupreme Judicial Court of Maine · 1980
  2. Application of a Grand Jury of the St. of NyMassachusetts Appeals Court · 1979
  3. In Re the Trust of GerberUtah Supreme Court · 1982
  4. In Re the Trust of GerberUtah Supreme Court · 1982

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API