Beverly v. Fairchild
Supreme Court of Kansas
Error from Shawnee District Court. On the 25th day of April, 1887, S. N. Burgen and wife and A. J. Arnold and wife, for the consideration of $7,000, executed a deed to J. L. Beverly for lots 381, 391, and 393, on Kansas avenue, in Holzle’s addition to the city of Topeka, and also for a certain tract of land adjoining said lots.
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Error from Shawnee District Court. On the 25th day of April, 1887, S. N. Burgen and wife and A. J. Arnold and wife, for the consideration of $7,000, executed a deed to J. L. Beverly for lots 381, 391, and 393, on Kansas avenue, in Holzle’s addition to the city of Topeka, and also for a certain tract of land adjoining said lots. In the deed, which Beverly accepted, was the statement that Beverly assumed to pay two notes secured by a mortgage upon the premises, amounting to $4,000. On the 22d day of September, 1888, ¥m. Fairchild and John Higginbotham commenced their action against A. J. Arnold…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The mortgage which was foreclosed was dated the 18th of March, 1887. J. L. Beverly purchased the premises mortgaged on the 25th of April, 1887, and assumed the payment of the mortgage. He was therefore the owner of the premises subject to the mortgage lien, and entitled to the possession of the same. When the action was commenced by Wm. Fairchild and John Higginbotham, on the 22d day of September, 1888, to foreclose the mortgage and obtain personal judgments, Beverly was a necessary party defendant in *291the foreclosure proceedings. It was…
2Cases cited2 opinions
- Simpson v. Rice, Friedman & Markwell Co.Supreme Court of Kansas · 1890
- George v. HattonSupreme Court of Kansas · 1864
3Cited by1 opinion
- Mudge v. HullSupreme Court of Kansas · 1896