Means v. Rosevear
Supreme Court of Kansas
Error from Pottawatomie District Court. On the 5th day of February, 1886, in an action pending in the district court of Pottawatomie county, wherein Joseph Rosevear and Thomas W. Eoach were plaintiffs, and T. J. Peter, Mary Jane Peter his wife, and C. G. Means, W. W. Means, and C. H. Means, co-partners doing business under the firm-name of C. G. Means & Sons, were defendants, Eosevear and Eoach recovered a judgment upon a note against T. J. Peter and Mary Jane Peter for…
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Error from Pottawatomie District Court. On the 5th day of February, 1886, in an action pending in the district court of Pottawatomie county, wherein Joseph Rosevear and Thomas W. Eoach were plaintiffs, and T. J. Peter, Mary Jane Peter his wife, and C. G. Means, W. W. Means, and C. H. Means, co-partners doing business under the firm-name of C. G. Means & Sons, were defendants, Eosevear and Eoach recovered a judgment upon a note against T. J. Peter and Mary Jane Peter for $2,326, bearing 10 per cent, interest, for costs, and for foreclosure of a mortgage given by Peter and wife to secure the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It appears from the record that the land in controversy consists of two tracts of eighty acres each, situated in different quarter-sections, but separated by a lane only. Its value at the time of the sheriff’s sale was from $3,500 to $4,200. The land was sold in gross by the sheriff to C. G. Means & Sons for $1,000 — Means & Sons being the mortgagees in a junior mortgage. Both the mortgagors T. J. Peter and wife, and the mortgagees in the prior mortgage, Eosevear & Eoach, came into court and asked to have the sale set aside, and the…
2Cases cited2 opinions
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- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
3Cited by14 opinions
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- Duncan v. EckSupreme Court of Oklahoma · 1917
- Farmers Life Insurance v. SteginkSupreme Court of Kansas · 1920
- Norris v. EvansSupreme Court of Kansas · 1918
- Fiolle v. First Nat. Bank of ThomasSupreme Court of Oklahoma · 1935
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