Jenkins v. Simmons
Supreme Court of Kansas
Error from Chase District Court. Action by Jenkins against Simmons and wife and two others, upon five promissory notes, and to enforce a certain contract made by plaintiff and defendant Simmons in October, 1878; also, to obtain a decree setting aside and canceling the release of a certain mortgage executed by Simmons and wife on their homestead in Chase county, to secure the payment of the notes aforesaid, and for the foreclosure of said mortgage.
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Error from Chase District Court. Action by Jenkins against Simmons and wife and two others, upon five promissory notes, and to enforce a certain contract made by plaintiff and defendant Simmons in October, 1878; also, to obtain a decree setting aside and canceling the release of a certain mortgage executed by Simmons and wife on their homestead in Chase county, to secure the payment of the notes aforesaid, and for the foreclosure of said mortgage. Trial by the court, at the April Term, 1885. As conclusions of law, the court found that plaintiff was entitled to judgment against Hiram V.…
1Opinion of the Court
Opinion by
Simpson, C.:
This is a peculiar case, and, in view of all the facts and circumstances proven at the trial and found by the court below, the relieving hand of a court of equity ought to be extended to the plaintiff in error, if the court has power to manipulate it. Whether it has or not, is the question.
The defendant in error, Hiram V. Simmons, was indebted to the plaintiff in error in a large sum of money. This indebtedness was evidenced by five promissory notes signed by Hiram V. Simmons alone. To secure their payment, a mortgage was executed on land occupied by Simmons, his wife…
2Cases cited6 opinions
- Lord v. MorrisCalifornia Supreme Court · 1861
- Laidlaw v. OrganSupreme Court of the United States · 1817
- Barber v. BabelCalifornia Supreme Court · 1868
- Spencer v. FredendallWisconsin Supreme Court · 1862
- Campbell v. BabcockWisconsin Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Watson v. WatsonSupreme Court of Kansas · 1920
- Withers v. LoveSupreme Court of Kansas · 1905
- Eakin v. WycoffSupreme Court of Kansas · 1925
- Downing v. HartshornNebraska Supreme Court · 1903
- Farmers Elevator Co. v. CaseySupreme Court of Kansas · 1943
6 more not listed; retrieve them via the Exa API.