Harrington v. Lowe
Supreme Court of Kansas
Error from Phillips . district court; Abel C. T. Geiger, judge. STATEMENT. The plaintiff in error commenced the suit from which this proceeding in error arises for the purpose of foreclosing a real-estate mortgage executed by James and Malinda Suggs.- B. A. Mason answered that he was the owner of the mortgaged premises, and traced his title from James and Malinda Suggs through their deed to the First National Bank of Orleans, Nebraska, the deed of a receiver for that…
Read the full summary
Error from Phillips . district court; Abel C. T. Geiger, judge. STATEMENT. The plaintiff in error commenced the suit from which this proceeding in error arises for the purpose of foreclosing a real-estate mortgage executed by James and Malinda Suggs.- B. A. Mason answered that he was the owner of the mortgaged premises, and traced his title from James and Malinda Suggs through their deed to the First National Bank of Orleans, Nebraska, the deed of a receiver for that institution to W. A. Green, and the deed of the latter to him. C. E. Nelson answered claiming that C. V. Rand was the owner of…
1Opinion of the Court
The opinion of the court was delivered by'
Burch, J.:
If the note in suit be a valid obligation enforceable against Mrs. Suggs, her absence from the state tolls the statute, and the plaintiff’s mortgage may be foreclosed. If not, his suit is barred.
It is claimed that Mrs. Suggs is not bound because she had no separate estate when the note was given, and it does not appear to be a contract made in connection with any trade or business conducted on her sole and separate account; that the so-called married women’s act permits contracts only in reference to these matters, and that, except as they…
2Cases cited13 opinions
- State v. HendricksSupreme Court of Kansas · 1884
- Baker v. StewartSupreme Court of Kansas · 1888
- Norris v. CorkillSupreme Court of Kansas · 1884
- State v. WalkerSupreme Court of Kansas · 1887
- Deering v. BoyleSupreme Court of Kansas · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dennis v. PerkinsSupreme Court of Kansas · 1913
- O'GRADY v. PottsSupreme Court of Kansas · 1964
- Nagle v. TiepermanSupreme Court of Kansas · 1907
- Guffy Ex Rel. Reeves v. GuffySupreme Court of Kansas · 1981
- Savage v. Modern Woodmen of AmericaSupreme Court of Kansas · 1911
9 more not listed; retrieve them via the Exa API.