Dorman v. Crozier
Supreme Court of Kansas
Tffrror from Miami District Court. Crozier & Co. brought their action to foreclose a mortgage executed by Vm, Toms and wife and G-ustavus E. Weylandt and wife, which mortgage was recorded in November 1869. Uriah Dorman, Joseph Haefner, Charles Quest, V. C. Jarboe, Frank Play ter, and others, were joined as co-defendants, as having some interest in or lien upon the mortgaged premises.
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Tffrror from Miami District Court. Crozier & Co. brought their action to foreclose a mortgage executed by Vm, Toms and wife and G-ustavus E. Weylandt and wife, which mortgage was recorded in November 1869. Uriah Dorman, Joseph Haefner, Charles Quest, V. C. Jarboe, Frank Play ter, and others, were joined as co-defendants, as having some interest in or lien upon the mortgaged premises. On the trial, at the May Term 1872, the district court found the priority of liens, and gave judgment against Toms and wife and Weylandt and wife, as follows: First, in favor of Crozier & Co., for $4,154 debt,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
An affidavit made by an agent of another verifying a statement of a claim filed with the clerk of the district court under section 3 of the mechanic’s-lien law of 1871, (Laws of 1871, page 254,) for the purpose of procuring a mechanic’s lien on certain real estate, should be sworn to positively. (See Atchison v. Bartholow, 4 Kas., 124; Ex parte The Bank of Monroe, 7 Hill, 177.) An affidavit for such a purpose, made by such an agent, stating that “the facts as above set forth are true and correct, according to the best of his [the agent’s]…
2Cases cited3 opinions
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