Briggs v. Brown
Supreme Court of Kansas
Error from Norton District Court. This was an action brought by A. J. Briggs to foreclose a mortgage of $1,300, given by Henry F. Brown and wife to Alexander M. Freelove, on the northwest quarter of section 30, in township 1, range 21, in Norton county in this state, and which had been transferred by Freelove to Briggs. All the defendants, except Geo. I. Thompson and wife, and the-Nebraska and Kansas Farm Loan Company, made default.
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Error from Norton District Court. This was an action brought by A. J. Briggs to foreclose a mortgage of $1,300, given by Henry F. Brown and wife to Alexander M. Freelove, on the northwest quarter of section 30, in township 1, range 21, in Norton county in this state, and which had been transferred by Freelove to Briggs. All the defendants, except Geo. I. Thompson and wife, and the-Nebraska and Kansas Farm Loan Company, made default. Thompson and wife pleaded payment and satisfaction of the $1,300 mortgage, and this was the only question tried by the court. The case was tried without a jury.…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
The only question presented in this case is, whether the judgment is sustained by sufficient evidence. On January 4, 1887, before Brown and wife conveyed the real estate to George I. Thompson, embraced in the $1,300 mortgage from Brown to Freelove, the latter wrote the following letter:
“LEBANON, Kas., January 4, 1887.
“Mr. Fisher, Cashier Ba/nk of Almena:
“Dear Sir — Mr. H. F. Brown has seen me, and I will make the transfer of the mortgage from the farm to the property in town, as I understand it is the one-half of the Thompson barn and…
2Cases cited1 opinion
- Macomber v. ScottSupreme Court of Kansas · 1872
3Cited by2 opinions
- Martin v. HoffmanSupreme Court of Kansas · 1908
- Maynes v. Denton Farmers' Telephone Co.Supreme Court of Kansas · 1908