First National Bank v. Wentwort
Supreme Court of Kansas
Error from Neosho District Court. Action brought by Wentworth against Phelps and others, to correct a mistake in a certain mortgage on real estate, and accordingly to 'reform the proceedings in the foreclosure thereof. Trial at the July Term, 1881, of the district court, and judgment for plaintiff. One of the defendants, the First National Bank of Parsons, brings the case here. The facts'are sufficiently stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts of this case are as follows: In August-, 1875, R. A. Phelps was the owner of one hundred *185and twenty-two and forty-five hundredths acres of land in the southwest quarter of section 22, township 28, range 20, in Neosho county, Kansas. This tract was of irregular shape, and described in the deeds of conveyance to said Phelps partially by metes and bounds. In that month Phelps borrowed of the Rollingsford Savings bank. $1,100, to be secured by a mortgage on said tract; the mortgage was prepared, executed and delivered, but by a mistake…
2Cases cited7 opinions
- Quivey v. BakerCalifornia Supreme Court · 1869
- Blodgett v. HobartSupreme Court of Vermont · 1846
- Mehnert v. ThiemeSupreme Court of Kansas · 1875
- Cummings v. FreerMichigan Supreme Court · 1872
- Green v. BulkleySupreme Court of Kansas · 1879
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3Cited by18 opinions
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