Legal Opinion

Guaranty Savings Bank v. Butler

Supreme Court of Kansas

Decided January 11, 1896No. 7839PublishedCited by 6 opinions

Error from Rice District Court. Action by Tbe Guaranty Savings Bank against Thomas A. Butler and. others to recover on notes and to foreclose a mortgage. There was a decree of foreclosure, and to that part thereof disaffirming the personal liability of the mortgagors for a deficiency plaintiff brings error. The case is stated in the opinion, filed January 11, 1896.

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J.: On December 1, 1884, the defendants in error and others executed and delivered their promissory note for the sum of $8,000, payable to the order of the plaintiff in error, five years after date, with interest at 8 per cent, per annum, payable semiannually, interest coupons of $320 each being attached. This promissory note was secured by a mortgage on lots 2, 4 and 6 of block 6 in White’s addition to the city of Lyons, the Occidental hotel being built thereon. On January 25, 1885, the mortgagors conveyed the property to J. J. Maxey, who…

2Cases cited4 opinions

  1. Brown v. VancleaveCourt of Appeals of Kentucky · 1887
  2. Babbitt v. CorbySupreme Court of Kansas · 1874
  3. Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847
  4. Watkins v. MartinSupreme Court of Arkansas · 1862

3Cited by6 opinions

  1. Seaverns v. StateSupreme Court of Kansas · 1907
  2. Morton v. MortonSupreme Court of Kansas · 1939
  3. Fidelity & Deposit Co. v. KepleySupreme Court of Kansas · 1903
  4. Bennett v. BennettSupreme Court of Kansas · 1923
  5. Bierce v. McNinchSupreme Court of Kansas · 1924

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