Little v. Bliss
Supreme Court of Kansas
Error from Wyandotte District Court. W. H. Bliss commenced Ms action against A. W. Little on the 28th. day of July, 1890, alleging in his petition that on August 21, 1889, he was the owner and in peaceable possession of certain personal property ; that Cornelia Mackey, falsely pretending lie was indebted to her in a large sum, to wit, $237, and that the same was secured by mortgage on the property, on August 21, 1889, demanded possession of the same from him, which he…
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Error from Wyandotte District Court. W. H. Bliss commenced Ms action against A. W. Little on the 28th. day of July, 1890, alleging in his petition that on August 21, 1889, he was the owner and in peaceable possession of certain personal property ; that Cornelia Mackey, falsely pretending lie was indebted to her in a large sum, to wit, $237, and that the same was secured by mortgage on the property, on August 21, 1889, demanded possession of the same from him, which he refused to comply with; that thereupon she commenced an action in replevin against him in the district court of Wyandotte…
1Opinion of the Court
The opinion of the court was delivered by
Houton, C. J.:
Upon the trial it was conceded, and the jury were instructed, that the note and mortgage were executed by W. H. Bliss to Mrs. C. Mackey on the 8th of April, 1890. The note was for $237, payable May 8, 1889, with 10 per cent, interest after maturity. The mortgage to secure the note contained the following provisions :
“The party of the first part [W. H. Bliss] hereby agrees to keep the property constantly insured for the benefit of the second party [Mrs. Mackey] ; and if the note or any part of the same, or any interest thereon, shall not…
2Cases cited3 opinions
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1868
- Brookover v. EsterlySupreme Court of Kansas · 1873
- Manning v. ManningSupreme Court of Kansas · 1881
3Cited by7 opinions
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- Wyatt v. DuncanSupreme Court of Kansas · 1939
- The Geiser Mfg. Co. v. BerrySupreme Court of Oklahoma · 1902
- Boller v. DavisSupreme Court of Kansas · 1946
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