Hekelnkæmper v. German Building & Savings Ass'n
Supreme Court of Kansas
Error from Atohison District Court. Action to foreclose a mortgage given by Hehelnlmmper and wife to the German Building and Savings Association, of Atchison, Kansas. Trial by the court, without a jury, at the November Term, 1877, of the district court, when special findings of fact were made, and a decree was entered foreclosing the mortgage. The opinion contains a sufficient statement of the facts. The defendants bring the case here for review.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to foreclose a mortgage given by the plaintiffs in error to the building association, defendant in error. The case was tried by the court, without a jury. Special findings of fact were made, and a decree entered foreclosing the mortgage. Of this decree plaintiffs in error complain, and allege two principal grounds of error. They insist, in the first place, that under the constitution and by-laws of the association, as they existed at the time of the execution of the mortgage, the plaintiff could not recover, or at least…
2Cases cited3 opinions
- Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
- Ocmulgee Building & Loan Ass'n v. ThomsonSupreme Court of Georgia · 1874
- McCahan v. Columbian Building Ass'nCourt of Appeals of Maryland · 1874
3Cited by4 opinions
- Cunningham v. Township of ClaySupreme Court of Kansas · 1904
- Interstate Building & Loan Ass'n v. WootenSupreme Court of Georgia · 1901
- Clark v. Missouri Guarantee Saving & Building Ass'nMissouri Court of Appeals · 1900
- Royer v. Perkins Loan & Trust Co.Supreme Court of Kansas · 1917