Scott v. Morning
Supreme Court of Kansas
Error from Cherokee District Court. Foreclosure, commenced by Morning against Charles Harmon, Almira Harmon and T. M. Harmon, as makers of a promissory note, and said T. M. H. and Margaret his wife as mortgagors, and against Soott as' a subsequent incumbrancer.
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Error from Cherokee District Court. Foreclosure, commenced by Morning against Charles Harmon, Almira Harmon and T. M. Harmon, as makers of a promissory note, and said T. M. H. and Margaret his wife as mortgagors, and against Soott as' a subsequent incumbrancer. The note and mortgage were executed, and dated “January 10th 1871.” Soott answered, claiming to be the owner in fee of the mortgaged lands, alleging that said lands were patented in May 1870, and that he purchased the same in 1874 from the patentees, and denying that the mortgagors (defendants T. M. Harmon and wife,) ever had any title…
1Opinion of the Court
The opinion of the court was delivered by
F’Valentine, J.:
In this action, Samuel Morning was the plaintiff below, and A. J. Scott and several others were the defendants. Judgment was rendered in favor of the plaintiff below and against all the defendants; but as Scott is the only person who is now complaining of such judgment, it will be necessary only to consider whether the judgment rendered against him was correct, or not.
The plaintiff set forth in his petition that three of said defendants (other than Scott) executed to him a certain promissory note; that one of said three, and another…
2Cited by1 opinion
- Babcock v. Farmers' & Drovers' BankSupreme Court of Kansas · 1891