Chapman v. Lester
Supreme Court of Kansas
Error from Miami District Cowrt. Action brought by Lester to foreclose a mortgage executed by one A. Thomas and wife on their homestead. Thomas and wife conveyed the premises to Chapman, who claimed that the mortgage had been discharged. The facts upon which the defense was based are fully stated in the opinion, infra. The district court, at the December Term 1871, gave judgment in favoi’ of Lester, and Chapman brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of the case. The material facts in this case are as follows: On November 13th, 1869, A. Thomas executed to defendant in error two notes for something over $23,000. To secure the payment Thomas and wife executed a mortgage on several pieces of real estate in Miami county, one of which was their homestead. Becoming thereafter further involved, Thomas was thrown into involuntary bankruptcy. All his estate except the homestead was transferred to and taken possession of by the assignees, while that was duly assigned and set over to him…
2Cases cited2 opinions
- Dickson v. ChornSupreme Court of Iowa · 1858
- Twogood v. StephensSupreme Court of Iowa · 1865
3Cited by7 opinions
- Miller v. McCartySupreme Court of Minnesota · 1891
- Witherington & Co. v. MasonSupreme Court of Alabama · 1888
- Frick Co. v. KetelsSupreme Court of Kansas · 1889
- LaRue v. GilbertSupreme Court of Kansas · 1877
- Prudential Insurance Co. of America v. ClarkSupreme Court of Kansas · 1926
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