Kirby v. Childs
Supreme Court of Kansas
JEh'ror from Miami District Court. On October 12th 1867 Edward H. Kirby and Harriet R., his wife, executed to Childs their mortgage upon 231 acres of land in Miami county to secure the payment of two notes for $2,000, signed by said Edward H. Kirbys A portion of the mortgage debt remaining unpaid Childs filed his petition to foreclose said, mortgage. Defendants in the court below set up payment of the notes and mortgage in full. Reply filed denying payment.
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JEh'ror from Miami District Court. On October 12th 1867 Edward H. Kirby and Harriet R., his wife, executed to Childs their mortgage upon 231 acres of land in Miami county to secure the payment of two notes for $2,000, signed by said Edward H. Kirbys A portion of the mortgage debt remaining unpaid Childs filed his petition to foreclose said, mortgage. Defendants in the court below set up payment of the notes and mortgage in full. Reply filed denying payment. The case tried before a jury at the May Term 1872. Verdict for plaintiff for $751.63. The journal entry of the trial, after the verdict…
1Opinion of the Court
The opinion of the court was delivered by
Brewek, J.:
i. Redemption law. Decree. Defendant in error, Childs, brought his action in the district court of Miami county to foreclose a mortgage. •The answer admitted the execution of the note and mortgage, ■and plead payment. This was the only issue for trial. The jury found for the plaintiff, and for the amount of their verdict judgment was rendered and an order made for the sale of the real estate. As error in the proceedings of the district court it is insisted, first, that “the judgment cuts off the equity of redemption in ten days after the…
2Cases cited2 opinions
- Lender v. CaldwellSupreme Court of Kansas · 1868
- Larrimore v. WilliamsIndiana Supreme Court · 1868
3Cited by4 opinions
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- Miller v. TrudgeonSupreme Court of Oklahoma · 1905
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