Investment Securities Co. v. Bergthold
Supreme Court of Kansas
Error from Marion district court; O. L. Moore, judge. STATEMENT. This action was commenced in the court below on September 21, 1897, against Henry Bergthold and wife, E. M. Donaldson, J. L. Hosmer, The Iowa Cattle Company, R. L. King, and others, to foreclose a mortgage executed July 1, 1886, by Bergthold and wife to the Jarvis-Conklin Mortgage Trust Company to secure a note for $2200, due five years from date, with interest at seven per’cent, per annum.
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Error from Marion district court; O. L. Moore, judge. STATEMENT. This action was commenced in the court below on September 21, 1897, against Henry Bergthold and wife, E. M. Donaldson, J. L. Hosmer, The Iowa Cattle Company, R. L. King, and others, to foreclose a mortgage executed July 1, 1886, by Bergthold and wife to the Jarvis-Conklin Mortgage Trust Company to secure a note for $2200, due five years from date, with interest at seven per’cent, per annum. The mortgage covered' 160 acres of land in Marion county, and was duly recorded. On March 12, 1888, the Jarvis-Conklin Mortgage Trust…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
We will consider whether the note sued on and the mortgage sought to be foreclosed were barred by the statute of limitations as to the defendant in error R. L. King. It is first claimed by the plaintiff in error that the extension agreement executed by the Iowa Cattle- Company on May 8, 1891, with coupons attached, and the payment of said interest coupons up until January 1, 1893, prevented the running of the statute. It will be noticed that *817this extension agreement was between the cattle company and Jarvis, Conklin & Co., and that the…
2Cases cited3 opinions
- Sibert v. WilderSupreme Court of Kansas · 1876
- Coale v. CampbellSupreme Court of Kansas · 1897
- Lane v. National BankSupreme Court of Kansas · 1870
3Cited by14 opinions
- Devine v. RookMissouri Court of Appeals · 1958
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
- Gibson v. SimmonsSupreme Court of Kansas · 1908
- Keith-O'Brien Co. v. SnyderUtah Supreme Court · 1917
- Parmenter v. LomaxSupreme Court of Kansas · 1903
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