Legal Opinion

Close v. Dunn

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 2 opinions

Action brought in the district court of Brown county, by Dunn against Close, to recover upon certain promissory notes, and to obtain an order for the sale of certain premises attached in the action, and for an application of the proceeds of the sale thereof to the payment of the judgment to be rendered on the notes, and also to bar the defendant from setting up any claim to or interest in the said premises. Jas.

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Action brought in the district court of Brown county, by Dunn against Close, to recover upon certain promissory notes, and to obtain an order for the sale of certain premises attached in the action, and for an application of the proceeds of the sale thereof to the payment of the judgment to be rendered on the notes, and also to bar the defendant from setting up any claim to or interest in the said premises. Jas. N. Mills and David Biennis were, on their own motion, afterward made parties defendant. Trial by the court at the May Term, 1878, when the court made findings of fact as follows:…

1Per curiam

This case is reversed, and remanded for a new trial, upon the authority of Iles v. Elledge, 18 Kas. 296.

2Cases cited1 opinion

  1. Iles v. ElledgeSupreme Court of Kansas · 1877

3Cited by2 opinions

  1. Soper v. GabeSupreme Court of Kansas · 1895
  2. Morrison v. TerrellSupreme Court of Kansas · 1882

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