Morrall v. Waterson
Supreme Court of Kansas
Error from Marshall District Court. In 1860 the plaintiff in error was the owner of real estate in Marshall county, Kansas. In that year a judgment was rendered against him in the district court of that county, in favor of Humphreys, Terry & Co., which in May, 1868, was assigned to defendants T. W. Water-son and Nannie Edwards.
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Error from Marshall District Court. In 1860 the plaintiff in error was the owner of real estate in Marshall county, Kansas. In that year a judgment was rendered against him in the district court of that county, in favor of Humphreys, Terry & Co., which in May, 1868, was assigned to defendants T. W. Water-son and Nannie Edwards. On Sept. 4th, 1861, plaintiff executed a warranty deed of his real estate to said Waterson; which recited a consideration received of fifty dollars, and that it was made-subject to judgments. October 27th, 1866, plaintiff brought his action in the court below to obtain…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The petition disclosed a regular warranty deed, conveying the real estate subject to certain judgments, in consideration of fifty dollars, the receipt whereof was acknowledged. The petition further disclosed that a valuable consideration was given by defendant,, though not the consideration of fifty dollars named in the deed. That the promissory note had not been paid fails to render it no consideration. A promise to pay is,, in contemplation of law, a thing of value, and good con— *204sideration for contract or conveyance, even though the…
2Cases cited3 opinions
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Burt v. WilsonCalifornia Supreme Court · 1865
- Russ v. MebiusCalifornia Supreme Court · 1860
3Cited by9 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Silvers v. HowardSupreme Court of Kansas · 1920
- Gregory v. BowlsbySupreme Court of Iowa · 1902
- Gee v. ThrailkillSupreme Court of Kansas · 1891
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