Miller v. Davis
Supreme Court of Kansas
Error from Boitrbon District Court. Davis, assignee of Guy C. Hobart, brought his action against Miller to reform and foreclose a certain supposed “mortgage.”
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Error from Boitrbon District Court. Davis, assignee of Guy C. Hobart, brought his action against Miller to reform and foreclose a certain supposed “mortgage.” Said instrument is as follows: “Know all men by these presents that I, Cuy C. Hobart of the county of Bourbon and state of Kansas, in consideration of the sum of fifteen hundred dollars in hand paid by Albert Miller of the same place, have bargained and sold, and do hereby grant and convey unto the said Albert Miller, his heirs, and assigns forever, the following premises, situate in the county of Bourbon, and state of Kansas, bounded…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
Guy C. Hobart sold certain real estate and personal property to Albert Miller, the plaintiff in error, for the sum of $1,550, the real estate being valued at $1,050, and the personal property at $500. The ágreement between them was as follows: Hobart on his part was, to execute to Miller a deed for the land; Miller on his part was to pay Hobart $50 down, and execute to him three promissory notes for $500 each, and was to execute to Hobart a mortgage on the land to secure the payment of the three promissory notes. All this was done in…
2Cases cited11 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Longhurst v. Star InsuranceSupreme Court of Iowa · 1865
- Watson v. WellsSupreme Court of Connecticut · 1825
- White v. WilsonIndiana Supreme Court · 1843
- Carter v. ChampionSupreme Court of Connecticut · 1831
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3Cited by4 opinions
- John T. Stewart Estate (Inc.) v. FalkenbergSupreme Court of Kansas · 1910
- Hammond v. Western Casualty & Guaranty InsuranceSupreme Court of Kansas · 1917
- Burtis v. WaitSupreme Court of Kansas · 1885
- Leonard v. WillsSupreme Court of Kansas · 1880