Legal Opinion
Southern Kansas Farm, Loan & Trust Co. v. Garrity
Supreme Court of Kansas
Decided March 6, 1897No. 9446PublishedCited by 5 opinions
Error from Sumner District Court. Hon. James A. Ray, Judge.
1Opinion of the CourtJohnston, J.
*8082. Release of mortgage only prima facie evidence. 1. Release of mortgage by mistake may be set aside. *806In 1886, Henry Garrity and Mary A. Garrity owned three quarter-sections of land in Sumner County, which they mortgaged to secure a loan of $4,800, obtained from plaintiff in error, a Loan Company, which shortly afterward sold and transferred the note and mortgage to a party in New York. In 1889, the Garritys were in arrears on the loan, and they made an arrangement with the Loan Company by which a portion of the land was to be sold, the mortgage debt reduced, and the loan for the balance…
2Cases cited2 opinions
- St. Louis, Ft. Scott & Wichita Railroad v. DavisSupreme Court of Kansas · 1886
- Bond v. DorseyCourt of Appeals of Maryland · 1886
3Cited by5 opinions
- North River Insurance v. Aetna Finance Co.Supreme Court of Kansas · 1960
- Linn v. ZieglerSupreme Court of Kansas · 1904
- Zewadski v. DyalSupreme Court of Florida · 1919
- Clark v. Banc One Mortgage Corp. (In Re Gilbert)United States Bankruptcy Court, D. Kansas · 2002
- Mid-Continent Lodging Associates, Inc. v. First National BankDistrict Court, D. Kansas · 1998