Smith v. Burnes
Supreme Court of Kansas
Error from Lea/oermorth District Gou/rt. Action to foreclose mortgages, brought by John B. Bu/rnes against Wm. A. Smith and Mary Jame, his wife. Eour several mortgages were included in one action. They were given by the same' parties, and upon the same premises. In one of said mortgages the “right of redemption” was waived; in the other three there was no waiver of such right.
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Error from Lea/oermorth District Gou/rt. Action to foreclose mortgages, brought by John B. Bu/rnes against Wm. A. Smith and Mary Jame, his wife. Eour several mortgages were included in one action. They were given by the same' parties, and upon the same premises. In one of said mortgages the “right of redemption” was waived; in the other three there was no waiver of such right. The defendants failed to appear and answer, and a decree was rendered ordering a sale of the mortgaged property, and “ barring the defendants from all right of redemption.” After a sale of the property under the decree,…
1Opinion of the Court
The ojfinion of the court was delivered by
Yaeentine, J.:
In this case a judgment was rendered in favor of John B. Burnes, defendant in error and plaintiff below, and against William L. Smith, one of the plaintiffs in error, for the sum of $824, and an order was made against all the defendants below that Lot No. 12, in Block 39, in Leavenworth City, should be sold, without any right of redemption, to satisfy said judgment. The judgment was rendered on four promissory notes, the first three of which were given by William L. Smith to John B. Burnes, and the last was given by William L. Smith to…
2Cases cited2 opinions
- Lender v. CaldwellSupreme Court of Kansas · 1868
- Wheatley v. TuttSupreme Court of Kansas · 1867
3Cited by6 opinions
- Norton v. ReardonSupreme Court of Kansas · 1903
- Marshall v. Golden Fleece G. & S. M. Co.Nevada Supreme Court · 1881
- Grandstaff v. BrownSupreme Court of Kansas · 1879
- Patton & Wellborne v. CollierTexas Supreme Court · 1896
- Ashmore v. McDonnellSupreme Court of Kansas · 1888
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