Chambers v. Cox
Supreme Court of Kansas
Error from, Cowley District Court. Action by Cox, against Chambers and wife, upon a certain note, and a mortgage. The facts sufficiently appear in the opinion. Trial at the August Term, 1878, of the district court, and judgment for the plaintiff. The defendants bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Action by Cox, plaintiff below, upon a note and mortgage executed to him by the plaintiffs in error, defendants below, for the purchase-money of the real estate mentioned and described in the mortgage. The petition alleged the making by the defendants of the note and mortgage, and their subsequent default as to,payment thereof, and demanded against them judgment on the note, and the foreclosure of the mortgage. The amended answer of the defendants set forth, that the only consideration for the note and mortgage sued on was the sale and…
2Cases cited2 opinions
- Scantlin v. AllisonSupreme Court of Kansas · 1873
- Wheatley v. TuttSupreme Court of Kansas · 1867
3Cited by25 opinions
- Whitlock v. GossonNebraska Supreme Court · 1892
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- State Ex Rel. Apt v. MitchellSupreme Court of Kansas · 1965
- Ott v. SpragueSupreme Court of Kansas · 1882
- Watson v. WatsonSupreme Court of Kansas · 1920
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