Roach v. Karr
Supreme Court of Kansas
Error from Neosho District Court. Foreclosure of mortgage, brought by Karr against Boaeh and wife. Trial, and judgment in favor of Karr, at December Term 1875, and the defendants bring the case here. The subjoined opinion contains a sufficient statement of the facts, pleadings and proceedings.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action commenced by Karr, to recover a judgment on a note of $1,288, executed by the plaintiffs in error, and to foreclose a mortgage alleged to have been given by the same parties to secure the note. Separate answers were filed. J. N. Roach plead usury. Elizabeth Roach alleged in her answer, that the premises were at the date of the mortgage, and for more than ten years had been, the homestead of herself and husband, and occupied as such with their family; that the mortgage mentioned was given without her consent, and that…
2Cases cited1 opinion
- Hallenbeck v. DewittNew York Supreme Court · 1807
3Cited by22 opinions
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Hill v. Carolina Power & Light Co.Supreme Court of South Carolina · 1943
- Shook v. Puritan Manufacturing Co.Supreme Court of Kansas · 1907
- Atchison, Topeka & Santa Fe Railway Co. v. VanordstrandSupreme Court of Kansas · 1903
- Buchanan v. GibbsSupreme Court of Kansas · 1881
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