Bell v. Coffin
Court of Appeals of Kansas
Memorandum. — Error from Graham district court; Charles -W. Smith, judge. Action by H. A. Coffin against Lewis A. Bell and Malinda Bell on a promissory note, and to have a deed declared to be a mortgage. Judgment for plaintiff. Defendants bring the case to this court.
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Memorandum. — Error from Graham district court; Charles -W. Smith, judge. Action by H. A. Coffin against Lewis A. Bell and Malinda Bell on a promissory note, and to have a deed declared to be a mortgage. Judgment for plaintiff. Defendants bring the case to this court. The statement of the- case, as made by Gilkeson, P. J., is as follows : This was an action brought upon a promissory note and to declare a deed given to be a mortgage for the security of the same, and that it be foreclosed. The petition alleges that on the 20th of May, 1890, the defendants, Bell and wife, were indebted to the…
1Opinion of the Court
The opinion of the court was delivered by
Gilkeson, P. J. :
The record in this case discloses that "no general verdict was rendered by the jury; that upon the filing of their special findings of fact they were discharged. Nor were all the issues in the case submitted to them by the special findings, nor in the instructions of the court. The special questions were submitted to the jury by the court upon its own motion, and are as follows :
“ (1) Has the defendant Lewis A. Bell paid the indebtedness to the plaintiff, represented by the $2,500 note, executed May 20, 1890, in full? A. No.
“(2) If you…
2Cases cited1 opinion
- Taft v. BakerCourt of Appeals of Kansas · 1895
3Cited by3 opinions
- Sangster v. Van HeckeIllinois Supreme Court · 1977
- Sangster v. Van HeckAppellate Court of Illinois · 1976
- Healy v. Fidelity Savings BankWisconsin Supreme Court · 1941