Schmucker v. Sibert
Supreme Court of Kansas
Error from Douglas District Court. Action by George W. Sibert, as assignee of Wm. H. R. Lykins, against Thomas Guest, J. G. Schmucker, J. N. McConnell, and F. W. McConnell, upon a note and mortgage given by said Thomas Guest, September 29th 1865, to R. A. and E. B. Hayes, which note and mortgage were assigned in October 1867 to said Lykins. The defendants Schmucker and McConnells, were joined as grantees of Guest.
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Error from Douglas District Court. Action by George W. Sibert, as assignee of Wm. H. R. Lykins, against Thomas Guest, J. G. Schmucker, J. N. McConnell, and F. W. McConnell, upon a note and mortgage given by said Thomas Guest, September 29th 1865, to R. A. and E. B. Hayes, which note and mortgage were assigned in October 1867 to said Lykins. The defendants Schmucker and McConnells, were joined as grantees of Guest. The facts respecting the several conveyances and agreements, are fully stated in the opinion, infra. The petition claimed $1,545 as balance due on the note December 19th 1866, and…
1Opinion of the Court
The opinion of the court was delivered by
BbewNk, J.:, , iactSt This case shows, that on the 29th of September 1865, defendant Guest made his promissory note for $2,800, payable in one year thereafter, with seven per cent, interest, and at the same time executed a mortgage on lots 117 and 119 Connecticut street, Lawrence, to secure its payment; that December 19th 1866, he paid thereon $1,500; that the note and mortgage came to the hands of the plaintiff, as the assignee of W. H. R. Lykins, who owns the same; that this action was commenced November 25th 1873; that in October 1873, Thomas Guest,…
Also in this document: Concurrence.
2Cases cited18 opinions
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