Legal Opinion

Green v. Goble

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 11 opinions

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

  1. State v. SharpSupreme Court of Kansas · 2009
  2. Hanson v. TowleSupreme Court of Kansas · 1877
  3. Snyder v. MillerSupreme Court of Kansas · 1905
  4. Moore v. PyeSupreme Court of Kansas · 1872
  5. Carney v. HavensSupreme Court of Kansas · 1879

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