Green v. Goble
Supreme Court of Kansas
Error from Leavenworth District Court. Action to foreclose a mortgage, commenced by Green, as administrator of Vm. B. Simmons, deceased, against Wm. jH. Goble, and others. The mortgage was signed by Goble and wife 'to secure a note executed by Wm. H. Goble, payable to said Simmons. Defendants pleaded the statute of limitations as a defense.
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Error from Leavenworth District Court. Action to foreclose a mortgage, commenced by Green, as administrator of Vm. B. Simmons, deceased, against Wm. jH. Goble, and others. The mortgage was signed by Goble and wife 'to secure a note executed by Wm. H. Goble, payable to said Simmons. Defendants pleaded the statute of limitations as a defense. The facts respecting date of papers, payments, death of Simmons, appointment of administrator, etc., are stated in the opinion of the court; also, the facts claimed to constitute such an “ acknowledgment in writing ” as took the case out of the operation…
1Opinion of the Court
'The opinion of the court was delivered by
Kingman, C. J.:
This is an action on a note and mort-gage, given by William H. Goble and Lida M. Goble on the 15th of April, 1861, to William B. Simmons for $625.57. The note bore interest at twenty per cent, per annum, to be compounded annually. On the 26th of September, 1864, $550 were paid on the note, and on the 3d of July, 1865, $260 were paid thereon, and this was 4he last payment. This action was commenced by the -administrator of William B. Simmons on the 17th day of March, 1869. It is admitted that Simmons died on "the 10th day of February,…
2Cited by11 opinions
- State v. SharpSupreme Court of Kansas · 2009
- Hanson v. TowleSupreme Court of Kansas · 1877
- Snyder v. MillerSupreme Court of Kansas · 1905
- Moore v. PyeSupreme Court of Kansas · 1872
- Carney v. HavensSupreme Court of Kansas · 1879
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