Kulp v. Kulp
Supreme Court of Kansas
Error from Bourbon District Court. Action by Daniel Kulp and others against Myron Kulp and others to foreclose a mortgage. Defendants had judgment, on demurrer to the petition, and plaintiffs bring the case to this court. All the material facts are stated in the opinion. 1. A demurrer admits all the proper averments of the pleading attacked. 2. Absence of a debtor from the state stops the running of the statute of limitations.
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Error from Bourbon District Court. Action by Daniel Kulp and others against Myron Kulp and others to foreclose a mortgage. Defendants had judgment, on demurrer to the petition, and plaintiffs bring the case to this court. All the material facts are stated in the opinion. 1. A demurrer admits all the proper averments of the pleading attacked. 2. Absence of a debtor from the state stops the running of the statute of limitations. Civil Code, §213; Morrell v. Ingle, 23 Kas. 32; Nelson v. Herhel, 30 id. 457;. Case v. Frazier, 31 id.689. 3. This is a proceeding in rem. We reach the land direct, and…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
On March 13, 1889, the plaintiffs brought án action against the defendants in the district court of Bourbon county, to foreclose a mortgage executed by S. H. Kulp and wife upon 320 acres of land situate in Bourbon county. In the petition, it is alleged that the mortgage was given to secure a promissory note executed by S. H. Kulp in favor of Daniel Kulp and Samuel Stauffer, on April 1, 1872, by which he promised to pay, one year after date, the sum of $3,000, with interest at 6J per cent. It is alleged that no part of the principal and…
2Cases cited5 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Atchison, Topeka & Santa Fé Railroad v. Burlingame TownshipSupreme Court of Kansas · 1887
- Bauserman v. CharlottSupreme Court of Kansas · 1891
- Doudna v. HarlanSupreme Court of Kansas · 1891
- Rork ex rel. Warner v. Board of Commissioners of Douglas Co.Supreme Court of Kansas · 1891
3Cited by26 opinions
- Rex v. WarnerSupreme Court of Kansas · 1958
- Douglass v. LoftusSupreme Court of Kansas · 1911
- First National Bank v. KingSupreme Court of Kansas · 1899
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Schnug v. SchnugSupreme Court of Kansas · 1969
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