Clark v. Spencer
Supreme Court of Kansas
Error from Bourbon District Court. Action by Spencer to foreclose a mortgage executed by Clark and wife. Ma/rstogi, a subsequent mortgagee, was joined as a defendant. The district court, at the December Term 1873, C.O.F., judge pro tern., presiding, gave judgment for plaintiff, and the defendants appeal.
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Error from Bourbon District Court. Action by Spencer to foreclose a mortgage executed by Clark and wife. Ma/rstogi, a subsequent mortgagee, was joined as a defendant. The district court, at the December Term 1873, C.O.F., judge pro tern., presiding, gave judgment for plaintiff, and the defendants appeal. The facts and proceedings are fully stated in the opinion, infra. 1. The several points made and errors raised can best be explained by first discussing the force and effect of the agreement to withdraw the defendant Clark’s answer, and continue the case. If this be viewed in the light of a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of the case. This was an action to foreclose a mortgage given by George J. Clark and wife to the defendant in error. John J. Marston, a subsequent mortgagee, was also made a party defendant. The pleadings were completed by answers and reply. In the answer of, George J. Clark the defense of usury was set up. After this, and on September 19th 1873, there was filed among the papers in said case an agreement upon which this case turned entirely in the court below. It was as follows, after title of cause:
“It is agreed and stipulated by…
2Cases cited14 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Shufelt v. ShufeltNew York Court of Chancery · 1841
- Medbury v. . SwanNew York Court of Appeals · 1871
- Sands v. . ChurchNew York Court of Appeals · 1852
- Catlin v. . GunterNew York Court of Appeals · 1854
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3Cited by21 opinions
- City of Glendale v. CoquatArizona Supreme Court · 1935
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
- Metz Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1889
- Dreilling v. First National BankSupreme Court of Kansas · 1890
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