Burton v. Decker
Supreme Court of Kansas
Error from Dickinson District Court. Action by Decker against Burton and another. From an order dismissing the action as to Brady, defendant Burton brings error. The facts are stated in the opinion herein, filed January 5, 1895. The judgment in favor of Brady against the Deckers should have been allowed as an offset or courterclaim against any amount that Mrs. Decker might have been entitled to recover in this case.
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Error from Dickinson District Court. Action by Decker against Burton and another. From an order dismissing the action as to Brady, defendant Burton brings error. The facts are stated in the opinion herein, filed January 5, 1895. The judgment in favor of Brady against the Deckers should have been allowed as an offset or courterclaim against any amount that Mrs. Decker might have been entitled to recover in this case. When she commenced her action on the appeal bond she failed to make Brady a party, obviously for the reason that he held a large judgment against her. If one of the parties to an…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Elvina M. Decker and her husband owned a tract of land upon which they resided as a homestead, and which had been mortgaged by them to J. H. Brady. They left it for a time, and while absent Brady, the mortgagee, put E. C. Keiser and William Keiser in possession of the same. Afterward, Elvina M. Decker brought an action against the Keisers injustice’s court of forcible entry and detainer, and, on April 26, 1887, she recovered judgment for the possession of the land. An appeal was taken, and an appeal bond was given which was executed by E.…
2Cases cited4 opinions
- Henrie v. BuckSupreme Court of Kansas · 1888
- Riddel v. School District No. 72Supreme Court of Kansas · 1875
- Gerson v. HansonSupreme Court of Kansas · 1886
- Lutt v. SterrettSupreme Court of Kansas · 1881
3Cited by4 opinions
- Citizens' State Bank v. MorseSupreme Court of Kansas · 1899
- Scovill v. ScovillSupreme Court of Kansas · 1936
- Boller v. DavisSupreme Court of Kansas · 1946
- Merrimack River Savings Bank v. CurryCourt of Appeals of Kansas · 1896