Legal Opinion

Freese v. Rusk

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 2 opinions

Error from Kingman District Court. Action by Freese against Rusk and two others to foreclose a mortgage. Judgment was rendered for the defendants, and plaintiff comes to this court. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This was an action to foreclose a mortgage on a tract of real estate in Kingman county that had been given to secure a loan of money. The land in question was a portion of the Osage Indian trust and diminished reserve, and on July 10, 1882, Sarah Alverson, claiming the right of preemption, made a cash entry of the same at the local United States land office at Wichita. Oh July 20, 1882, she conveyed the land by deed of general warranty to H. L. Nye, who later conveyed the same to the parties who executed the mortgage in question. James E.…

2Cases cited2 opinions

  1. Swigart v. WalkerSupreme Court of Kansas · 1892
  2. Freese v. ScoutenSupreme Court of Kansas · 1894

3Cited by2 opinions

  1. Mineral Farm Mining Co. v. BarrickSupreme Court of Colorado · 1905
  2. Lynch v. HarrisSupreme Court of Oklahoma · 1912

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