Legal Opinion

Noble v. Hunter

Court of Appeals of Kansas

Decided February 14, 1896No. 52PublishedCited by 2 opinions

Memorandum. — Error from Republic district court; F. W. Sturges, judge. Action to enjoin the collecof a judgment and for other relief by Richard Hunter and Henry Hunter, partners as Hunter Bros., against T. M. Noble and others. Judgment for plaintiffs. Defendants bring the case to this court.

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Memorandum. — Error from Republic district court; F. W. Sturges, judge. Action to enjoin the collecof a judgment and for other relief by Richard Hunter and Henry Hunter, partners as Hunter Bros., against T. M. Noble and others. Judgment for plaintiffs. Defendants bring the case to this court. The statement of the case, as made by Gilkeson, P. J., is as follows : In the spring of 1887, S. L. Parkhill executed and delivered to Hunter Bros, a mortgage on certain personal property, and in the fall of the same year executed to them a real-estate mortgage for the same debt. Upon the real estate…

1Opinion of the Court

The opinion of the court was delivered by

Gilkeson, P. J. :

But one question is presented for our consideration, and for the sake of brevity we will consider it in this form : Who was the owner of the judgment rendered on May 29, 1890, in the case of S. L. Parkhill against Hunter Bros.? The court, among others, made the following findings of fact:

"No. 7. The attorneys who brought the suit for the Parkhills against the plaintiffs herein (Hunter Bros.) were defendants herein — T. M.. Noble, N. T. Van Natta and J. F. Close. At the time of the bring*541ing of the same, there was no definite…

2Cases cited4 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Stewart v. BalderstonSupreme Court of Kansas · 1872
  3. Stauffer v. RemickSupreme Court of Kansas · 1887
  4. Kneeland v. RennerCourt of Appeals of Kansas · 1896

3Cited by2 opinions

  1. Alldritt v. Kansas Centennial Global Exposition, Inc.Supreme Court of Kansas · 1962
  2. Lohman v. ReymondNew Mexico Supreme Court · 1913

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