Ayres v. Probasco
Supreme Court of Kansas
Error from Doniphan District Court. Probasco brought suit to recover on two notes of $550 each, ($1,100,) executed by Wm. M. Ayres to hirp, and to foreclose a mortgage given by Ayres and wife to secure said notes. FranJc Sutter, as the holder of a second mortgage, was joined as"a co-defendant. Afterward the court ordered W. L. Challiss made a defendant. Each defendant answered separately.
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Error from Doniphan District Court. Probasco brought suit to recover on two notes of $550 each, ($1,100,) executed by Wm. M. Ayres to hirp, and to foreclose a mortgage given by Ayres and wife to secure said notes. FranJc Sutter, as the holder of a second mortgage, was joined as"a co-defendant. Afterward the court ordered W. L. Challiss made a defendant. Each defendant answered separately. Ayres and wife each pleaded that $100 of the notes was usury, and denied the execution of the mortgage, but specially admitted that they executed a “blank mortgage” for the purpose of procuring a loan of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
statement of facts. This was an action on two promissory notes and a mortgage. The notes were executed by William M. Ayres alone. The mortgage was executed (as it appears upon its face) 'by both Ayres and his wife, Melissa T. Ayres, and both the notes and the mortgage were executed to Richard Probasco. Probasco was the plaintiff in the court below, and Ayres and wife, Frank Sutter, and W. L. Challiss were the defendants. The defendant. Ayres and wife set up as defenses to the action that the notes were usurious, and the mortgage was void.…
2Cases cited13 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Morris v. WardSupreme Court of Kansas · 1869
- Blood v. GoodrichNew York Supreme Court · 1832
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Knaggs v. MastinSupreme Court of Kansas · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. ReedSupreme Court of Kansas · 1894
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- McNeil v. JordanSupreme Court of Kansas · 1882
- Douglass v. LoftusSupreme Court of Kansas · 1911
22 more not listed; retrieve them via the Exa API.