Carr v. Farrell

The opinion of the court was delivered by

Smith, J.:

In January, 1897, in the district court of Shawnee county, Patrick Farrell recovered a judgment against William P. Douthitt and a decree for the foreclosure of a mortgage on real estate. Proceedings in error for a reversal of the judgment were commenced in this court in June, 1897, and in November following, while the same were pending, the plaintiff in error, William P. Douthitt, died. In August, 1898, the owner of the judgment filed a motion in the district court to revive the action against the heirs of William P. Douthitt, who are…