Morgan v. Field
Supreme Court of Kansas
Error from, Saline District Court. Action by Lyman Field against Thomas Riordan as administrator of the estate of Dennis Morgan, deceased, to recover upon a promissory note executed by Dennis Morgan in his lifetime, on September 10, 1879, and to foreclose a mortgage given at the same time by Morgan upon a certain eighty-acre-tract of land to secure the payment of said note.
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Error from, Saline District Court. Action by Lyman Field against Thomas Riordan as administrator of the estate of Dennis Morgan, deceased, to recover upon a promissory note executed by Dennis Morgan in his lifetime, on September 10, 1879, and to foreclose a mortgage given at the same time by Morgan upon a certain eighty-acre-tract of land to secure the payment of said note. P. J. Morgan, who, it was alleged, claimed some right or interest in the mortgaged premises, was made a defendant. The administrator made default, but P. J. Morgan answered for himself,, alleging that he was the owner in…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
*1651. nojmy trial wben’ *164The ruling of the court refusing the demand for a jury trial made by P. J. Morgan is assigned for error. In his petition, Lyman Field set forth a promissory note and asked for a recovery of the amount due thereon, as well as the foreclosure of the mortgage executed to secure the same. If issue had been joined upon the demand for money, a jury trial should have been awarded, as' was decided in Clemenson v. Chandler, 4 Kas. 558; but no issue of fact was joined upon that question. The administrator of the estate of Dennis…
2Cases cited1 opinion
- Clemenson v. ChandlerSupreme Court of Kansas · 1868
3Cited by16 opinions
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- Cole v. DrumSupreme Court of Kansas · 1921
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