Kurtz v. Sponable
Supreme Court of Kansas
JError from Riley District Court. Action brought by Sponable, Stoddart f Dm,pie, to foreclose a mortgage given by Lewis Kurtz and Mary A., his wife, in July, 1868, to secure a promissory note given said Leiois Kurtz to Stoddart. The petition alleged the assignment of the note to the plaintiffs, and stated that the mortgage was given to secure the payment of said note.
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JError from Riley District Court. Action brought by Sponable, Stoddart f Dm,pie, to foreclose a mortgage given by Lewis Kurtz and Mary A., his wife, in July, 1868, to secure a promissory note given said Leiois Kurtz to Stoddart. The petition alleged the assignment of the note to the plaintiffs, and stated that the mortgage was given to secure the payment of said note. It stated the conditions of the mortgage, whereby it appears that the plaintiffs in error had covenanted for “ the payment of twelve per cent, interest on the note, “ and for the further sum of two hundred dollars liquidated “…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J. :
The defendants in error sued Kurtz and wife on a note and mortgage. The note was made by Kurtz; and the mortgage by Kurtz and wife, to secure the note. The note and mortgage were both made to Stoddart and the note was assigned by him to defendants *397in error. There is no averment in the petition that the mortgage was assigned, nor is there any explicit and positive averment that the defendants in error were the owners of the mortgage.
1. assignament on security. ' The plaintiffs in error insist that the judgment of foreclosure on this…
2Cases cited2 opinions
- Tiernan v. HinmanIllinois Supreme Court · 1855
- Gray v. CrosbyNew York Supreme Court · 1820
3Cited by13 opinions
- Condon v. KemperSupreme Court of Kansas · 1891
- Stover v. JohnnycakeSupreme Court of Kansas · 1872
- Kirkwood v. KoesterSupreme Court of Kansas · 1873
- Willoughby v. DowtySupreme Court of Kansas · 1923
- Hutchinson v. BenedictSupreme Court of Kansas · 1892
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