Legal Opinion

Obert v. Oberlin Loan, Trust & Banking Co.

Supreme Court of Kansas

Decided January 15, 1895Published

Error from Rawlins District Court. Action by the Oberlm Loan, Trust and Banking Co. against W. H. Spears, in which a judgment was rendered for plaintiff. There was a decree giving such company a lien on land for the amount of its judgment prior to a judgment held by H. H. Obert and others against said Spears. Obert and others bring error.

1Opinion of the Court

The opinion of the court was delivered by

Allen, J.:

The plaintiffs in error obtained a judgment in the trial court against W. H. Spears for $285.59, and for the foreclosure of a mortgage on a quarter section of land. The Oberlin Loan, Trust and Banking Company also obtained a judgment against Spears for $65.60, and directing a sale of the lands, subject to a prior mortgage for $400, and that the proceeds be applied, first, to the payment of costs; second, to the payment of the judgment in favor of the defendant in error; and third, in payment of the plaintiff’s claim. The only error alleged is…

2Cases cited1 opinion

  1. Stinson v. CookSupreme Court of Kansas · 1894

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