Provident Loan Trust Co. v. Marks
Court of Appeals of Kansas
Error from Morris District Court. Hon. James Humphrey, Judge. This was an action to foreclose a mortgage-made by McCleery and wife, defendants in the court below, to the Kansas Central Loan and Investment Company, by that company assigned to one Blodgett, and by Blodgett to the plaintiff in error, which was also plaintiff below.
Read the full summary
Error from Morris District Court. Hon. James Humphrey, Judge. This was an action to foreclose a mortgage-made by McCleery and wife, defendants in the court below, to the Kansas Central Loan and Investment Company, by that company assigned to one Blodgett, and by Blodgett to the plaintiff in error, which was also plaintiff below. The defendant Marks denied title in the mortgagors, McCleery and wife, and asserted title in himself through conveyances from one Allen Gale, who was also a defendant below. Gale in turn claimed title through conveyances from one Dolloff. The mortgagors, McCleery and…
1Opinion of the CourtMahan, P. J.
The contention of the plaintiff in error is, that Martin McOleery, mortgagor, the Kansas Central Loan and Investment Company, mortgagee, and through them the plaintiff, are innocent purchasers for value under the decree of foreclosure against Dolloff, and that Dolloff, and Gale and the defendant in error, claiming under Dolloff, are es-topped by that decree of foreclosure from asserting any right to the premises.
The defendant in error contends that McOleery and wife, the mortgagors, and the plaintiff claiming under the Kansas Central Loan and Investment Company, mortgagee, are estopped from…
2Cases cited1 opinion
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
3Cited by3 opinions
- Baker v. LeavittSupreme Court of Oklahoma · 1915
- Chapek v. JurgensenSupreme Court of Kansas · 1917
- Daniel v. HillSupreme Court of Oklahoma · 1925