Legal Opinion

Seitz v. Union Pacific Railway Co.

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 12 opinions

Error from Saline District Court. The Railway Company brought its action in June 1868, to foreclose a mortgage-. -- It made Mary A. Bickerdyke, H. D. Rush, Alonzo B. Chapman, Lorenzo D. Bower, Benj. Howard, Osear Seitz, Miller & Stevens, Jaeob De Witt, Hamlin & Woolley, and Palmer, Fuller & Co., defendants. Mrs. Bickerdyke was the mortgagor. The other defendants were joined as having some claim or lien on the mortgaged premises subsequently to the claim of the plaintiff.

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Error from Saline District Court. The Railway Company brought its action in June 1868, to foreclose a mortgage-. -- It made Mary A. Bickerdyke, H. D. Rush, Alonzo B. Chapman, Lorenzo D. Bower, Benj. Howard, Osear Seitz, Miller & Stevens, Jaeob De Witt, Hamlin & Woolley, and Palmer, Fuller & Co., defendants. Mrs. Bickerdyke was the mortgagor. The other defendants were joined as having some claim or lien on the mortgaged premises subsequently to the claim of the plaintiff. Trial at the October Term 1870 of the district court, J. H., judge pro tern., presiding. An agreed statement of facts was…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The petition in error in this case ought probably to be dismissed because of a defect of parties in this court. But as we think the judgment of the court below is correct, we shall pass over the question of dismissal, without deciding it, and proceed to consider such questions as are involved in the merits of the case. The facts of the case are substantially as follows: The Union Pacific Railway Company, Eastern Division, owned three lots in the city of Salina., Mrs. M. A. Bickerdyke desired to build a hotel on them. The parties thereupon…

2Cases cited1 opinion

  1. Stevens v. ChadwickSupreme Court of Kansas · 1872

3Cited by12 opinions

  1. Chapman v. St. Stephens Protestant Episcopal, Church, Inc.Supreme Court of Florida · 1931
  2. Greeno v. BarnardSupreme Court of Kansas · 1877
  3. Chicago Lumber Co. v. FretzSupreme Court of Kansas · 1893
  4. Norris v. NitschSupreme Court of Kansas · 1958
  5. E. W. Smith Lumber Co. v. ArnoldSupreme Court of Kansas · 1913

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