Clark v. Reyburn
Supreme Court of Kansas
A .statement of tb facts of the*case appears in the opinion of ike chief justice. I. The court errQ in refusing to submit to the jury, under proper instructions/ho question whetherthe house was apart of the realty or wasi fixture. (Coivcn vs. Kyler, 27 Mo., 122; Onibony vs. Jones, 19 N. Y., 234; GrandLodge vs. Knox, 27 Mo., 315.) II. The court should have instructed the jury as requested in the plaintiffs’ third prayer for instruction. (19 New York, 234.) III.
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A .statement of tb facts of the*case appears in the opinion of ike chief justice. I. The court errQ in refusing to submit to the jury, under proper instructions/ho question whetherthe house was apart of the realty or wasi fixture. (Coivcn vs. Kyler, 27 Mo., 122; Onibony vs. Jones, 19 N. Y., 234; GrandLodge vs. Knox, 27 Mo., 315.) II. The court should have instructed the jury as requested in the plaintiffs’ third prayer for instruction. (19 New York, 234.) III. The court should have given the third and .fourth instructions prayed for. If the mortgagor, while in possession of the mortgaged…
1Opinion of the Court
By the Court,
Cobb, C. J.
The defendant in error brought-his action in the district court against the plaintiffs in error to recover a dwelling house as personal property; alleging in the petition that he is the owner thereof, and the defendant detains the same and recovered judgment.
The undisputed facts of the case are these:
One Brown and his wife mortgaged a parcel of land to Amos Rees, and the plaintiffs below afterwards became the owners of the mortgage by assignment, and after the making of the mortgage, said Brown placed a house on the land, and after the money secured by the mortgage…
2Cases cited5 opinions
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Gardner v. HearttNew York Supreme Court · 1846
- Lane v. HitchcockNew York Supreme Court · 1817
- Peterson v. ClarkNew York Supreme Court · 1818
- City of Norwich v. HubbardSupreme Court of Connecticut · 1852
3Cited by10 opinions
- Waterson v. DevoeSupreme Court of Kansas · 1877
- Lieberman, Loveman Cohn v. KnightTennessee Supreme Court · 1925
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
- Vanderslice v. KnappSupreme Court of Kansas · 1878
- Willoughby v. DowtySupreme Court of Kansas · 1923
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