Beverly v. Barnitz
Supreme Court of Kansas
Motion for Rehearing. The nature of the action and the material facts appear in Beverly v. Barnitz, ante, p. 451, and in the opinion herein, filed December 7, 1895.
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J. :
On November 1, 1885, George A. Kirkland executed a negotiable promissory note to Martha Barnitz for $1,500, payable in five years, with interest at 8 per cent, per annum, and after maturity at the rate of 12 per cent, per annum, which note was secured by a mortgage on a quarter-section of land in Shawnee county, Kansas, appraisement being waived. *467The land was afterward sold to John L. Beverly, subject to the mortgage. On January 21, 1893, an action was commenced in the district court of Shawnee county to obtain judgment upon said note…
Also in this document: Concurrence.
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