Legal Opinion · Dissent

Mulvane v. Sedgley

Supreme Court of Kansas

Decided May 11, 1901No. 11,869Published

Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Samuel W. McElroy, judges.

1DissentPollock, J.

(dissenting) : I do not agree with either the reasoning employed or the conclusion reached in the opinion of the majority of this court. The question is important and its determination should find support in the well-recognized principles of the law and the adjudicated cases. As determined, it has neither.

It is conceded that Williams, by his purchase of the property and assumption of the debt, became, as between the mortgagors and himself, the principal debtor, and the mortgagors his sureties ; but this relation was created by an application of the principles of equity and not by any contract…

2Cases cited30 opinions

  1. Locke v. HomerMassachusetts Supreme Judicial Court · 1881
  2. Shepherd v. MaySupreme Court of the United States · 1885
  3. Bull v. CoeCalifornia Supreme Court · 1888
  4. P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
  5. Rey v. SimpsonSupreme Court of the United States · 1860

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