Legal Opinion

Hopper v. Calhoun

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 2 opinions

Error from Pratt Pistriot Court. ACTION by Calhoun against Hopper and others to foreclose-a mortgage. Judgment for the plaintiff at the January term,. 1890. The defendant Hopper brings the ease to this court. The opinion herein, filed February 9, 1894, states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Allen, J.:

C. S. Calhoun, as plaintiff, brought an action in the district court of Pratt county to foreclose a mortgage executed by E. M. Rea and wife for $2,170, and to obtain a personal judgment against C. A. Hopper, plaintiff in error, for the amount of said mortgage and interest, which the plaintiff alleged that Hopper assumed and agreed to pay. Rea and wife conveyed the mortgaged property to Marion Wilson. Wilson and wife conveyed to Hopper by warranty deed. In this deed, following the covenant against incumbrances, are these words: “Except a…

2Cases cited2 opinions

  1. Schmucker v. SibertSupreme Court of Kansas · 1877
  2. Holcomb v. ThompsonSupreme Court of Kansas · 1893

3Cited by2 opinions

  1. Hulin v. VeatchOregon Supreme Court · 1934
  2. Peoples Savings & Loan Ass'n v. CramWashington Supreme Court · 1933

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