LaRue v. Gilbert
Supreme Court of Kansas
Error from, Coffey District Court. Previous to April 1873, Allen Crocker was indebted to LaRue, and an action was pending in favor of LaRue upon bis claims, and judgment was given therein against Crocker, 17th May 1873, for $1,752.88. ' April 17th 1873, Crocker and wife executed their mortgage on 300 acres of land to and in favor of Henry Gay, to secure the sum of $2,500 then due and owing by Crocker to the firm of Gilbert & Gay.
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Error from, Coffey District Court. Previous to April 1873, Allen Crocker was indebted to LaRue, and an action was pending in favor of LaRue upon bis claims, and judgment was given therein against Crocker, 17th May 1873, for $1,752.88. ' April 17th 1873, Crocker and wife executed their mortgage on 300 acres of land to and in favor of Henry Gay, to secure the sum of $2,500 then due and owing by Crocker to the firm of Gilbert & Gay. November 17th 1873, said Crocker and wife, sold and conveyed to Geo. W. Welch by quitclaim deed 160 acres of the mortgaged premises. In February 1874, Crocker died.…
1Opinion of the Court
*222The opinion of the court was delivered by
Brewer, J.:
The controversy in this case grows out of the same facts as in the case of Colby v. Crocker, 17 Kas. 527, and which are fully stated in the opinion filed therein. Gilbert and Gay foreclosed their mortgage, and in the decree, with their consent, it was ordered that the property other than the homestead be first sold. To this LaRue, the administrator of the estate of the mortgagor, and holder of a judgment rendered against the. mortgagor in his lifetime, and which was a lien subsequent to the mortgage upon the property other than the…
2Cases cited2 opinions
- Colby v. CrockerSupreme Court of Kansas · 1877
- Chapman v. LesterSupreme Court of Kansas · 1874
3Cited by8 opinions
- Kerens National Bank v. StocktonTexas Supreme Court · 1931
- In re BaileyDistrict Court, D. Utah · 1910
- Sproul v. Atchison National BankSupreme Court of Kansas · 1879
- Postlethwaite v. EdsonSupreme Court of Kansas · 1918
- Gordon v. DeavittSupreme Court of Vermont · 1910
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