Legal Opinion

Watterson v. Kirkwood

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 2 opinions

Error from Marshall District Court. The action below was brought by Eirhwood against W. H. Pearsoll and wife to foreclose a mortgage given by them July 28th, 1860, to one John Potter and by Potter assigned to plaintiff. Thomas W. Watterson and some six other persons were joined as defendants as having some claim or interest in the mortgaged premises accruing subsequently to the mortgage.

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Error from Marshall District Court. The action below was brought by Eirhwood against W. H. Pearsoll and wife to foreclose a mortgage given by them July 28th, 1860, to one John Potter and by Potter assigned to plaintiff. Thomas W. Watterson and some six other persons were joined as defendants as having some claim or interest in the mortgaged premises accruing subsequently to the mortgage. Watterson was the only defendant who appeared and answered, and he set up several defenses, among which were, first that the mortgage was void, being given by Pearsoll to Potter as security for the payment of…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

Two errors are urged in the brief and argument of plaintiff in error. First, that the mortgage sued on *465was invalid; second, that the court erred in finding that the land was not taxable in 1860.

I. On the same day that the land was entered the mortgage was executed. The consideration was the land-warrant sold to Pearsoll with which he entered the land. The warrant was sold with an understanding that the payment therefor should be secured by a mortgage as soon as the land was entered, and the mortgage was given in pursuance of such…

2Cases cited1 opinion

  1. Taylor v. MilesSupreme Court of Kansas · 1870

3Cited by2 opinions

  1. Ogden v. WaltersSupreme Court of Kansas · 1873
  2. Brewster v. MaddenSupreme Court of Kansas · 1875

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