Clark v. Lyster
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. This was a bill in equity to foreclose a mortgage given April 27, 1901, by Herbert H. Clark and his wife to Harvey S. Clark, his father, conveying an undivided one-half interest in certain real estate situated in Wilson county, Kan., to secure the payment of certain notes amounting to $35,000 described in the mortgage, upon which $19,500 remained unpaid when the suit was brought.
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Appeal from the Circuit Court of the United States for the District of Kansas. This was a bill in equity to foreclose a mortgage given April 27, 1901, by Herbert H. Clark and his wife to Harvey S. Clark, his father, conveying an undivided one-half interest in certain real estate situated in Wilson county, Kan., to secure the payment of certain notes amounting to $35,000 described in the mortgage, upon which $19,500 remained unpaid when the suit was brought. This mortgage was duly recorded in the office of the register of deeds of Wilson county on April 29, 1901. The mortgagors and also one…
1Opinion of the CourtAdams, Circuit Judge
Notwithstanding the fact that Harvey S. Clark, the mortgagee, has died since the institution of this suit and his personal representative has heen substituted in his place, we shall frequently refer to the parties as they originally appeared. The substantial facts of the case are, as observed by the learned trial j'udge, practically undisputed, and we are to determine and adjudicate the rights of the parties thereunder. There is no doubt about the bona fides of the transactions between Harvey S. Clark, the mortgagee, and his son Herbert, which resulted in an indebtedness of the latter to the…
2Cases cited30 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Shanks v. KleinSupreme Court of the United States · 1881
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3Cited by3 opinions
- Smith v. SperlingDistrict Court, S.D. California · 1953
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