Elston v. Chamberlain
Supreme Court of Kansas
Error from Bourbon District Court. Cornelius Elston brought this actiou against Martha J. Chamberlain, Harriet W. Chamberlain, and Ira D. Bronson, asking that Harriet W. Chamberlain, claiming to be the owner of the northeast quarter of section 32, in township 26, in range 25, Bourbon county, be declared a mortgagee only; that the defendants be charged with the rents and profits of the premises, and he be permitted to redeem.
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Error from Bourbon District Court. Cornelius Elston brought this actiou against Martha J. Chamberlain, Harriet W. Chamberlain, and Ira D. Bronson, asking that Harriet W. Chamberlain, claiming to be the owner of the northeast quarter of section 32, in township 26, in range 25, Bourbon county, be declared a mortgagee only; that the defendants be charged with the rents and profits of the premises, and he be permitted to redeem. With consent of the parties, the case was heard upon written evidence only before a judge pro tern., who made and filed the following special findings of fact: “In the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In this action, brought in the court below to permit Cornelius Elston to redeem the northeast quarter of section 32, in township 26, range 25, in Bourbon county, formerly his homestead, and to have an accounting with the parties who have been in the possession thereof, it is claimed on the part of the plaintiff that the quitclaim deed executed by him and his wife on the 22d day of November, 1879, must be declared a mortgage only; that the deed was delivered under a verbal arrangement between Elston and Bronson that Elston was to have five…
2Cases cited1 opinion
- McNamara v. CulverSupreme Court of Kansas · 1879
3Cited by8 opinions
- Rex v. WarnerSupreme Court of Kansas · 1958
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Root v. WearSupreme Court of Kansas · 1916
- Miller v. SmithNorth Dakota Supreme Court · 1910
- Reeder v. GorsuchSupreme Court of Kansas · 1895
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