Price v. First National Bank
Supreme Court of Kansas
Error from Atchison district court; W. T. Bland, judge. In banc. STATEMENT. On July 10, 1890, John M. Price was indebted to defendant in error in the sum of $10,000. On that date he and his wife executed their two notes for $5000 each, due in the future. They also executed to one David Auld a deed to certain real estate in the city of Atchison and vicinity, in Atchison county, Kansas, in trust as security for the payment of said indebtedness, with a defeasance.
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Error from Atchison district court; W. T. Bland, judge. In banc. STATEMENT. On July 10, 1890, John M. Price was indebted to defendant in error in the sum of $10,000. On that date he and his wife executed their two notes for $5000 each, due in the future. They also executed to one David Auld a deed to certain real estate in the city of Atchison and vicinity, in Atchison county, Kansas, in trust as security for the payment of said indebtedness, with a defeasance. These notes were reduced and renewed from time to time until, on January 19, 1894, they amounted to $8868.20. On that date, Price and…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
The important question in this case is, Did the judgment recovered in the former action become merged in the subsequent judgment, and thus extinguished ? The defendant in error, in its first action, included all causes of action which it held against Price and wife, and when judgment was rendered in that action all such causes became merged in that *739judgment. In the forceful language quoted by Freeman in his work on Judgments, section 115, they became “drowned in the judgment.” Black, in his work on Judgments, section 674, says:
“The cause of…
2Cases cited6 opinions
- Brown v. ClarkeSupreme Court of the United States · 1846
- Gould v. HaydenIndiana Supreme Court · 1878
- Bolen Coal Co. v. Whittaker Brick Co.Supreme Court of Kansas · 1894
- Thisler v. MillerSupreme Court of Kansas · 1894
- Bateman v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Waterfield Mortgage Co. v. Cassi (In Re Cassi)United States Bankruptcy Court, N.D. Indiana · 1982
- Rossiter v. MerrimanSupreme Court of Kansas · 1909
- In Re WilliamsUnited States Bankruptcy Court, D. Kansas · 1981
- First National Bank v. SchrubenSupreme Court of Kansas · 1928
- City of Topeka v. RitchieSupreme Court of Kansas · 1918
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