Obert v. Oberlin Loan, Trust & Banking Co.
Supreme Court of Kansas
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
- Stinson v. CookSupreme Court of Kansas · 1894