Pritchett v. Mitchell
Supreme Court of Kansas
Error from Jefferson District Court. In October 1870, Joseph D. Rollins made and delivered to Mitchell his promissory note for $2,500, with interest at 12 per cent, from date, payable in six months from the date thereof, and Rollins and wife • executed a mortgage on real estate to secure the same.
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Error from Jefferson District Court. In October 1870, Joseph D. Rollins made and delivered to Mitchell his promissory note for $2,500, with interest at 12 per cent, from date, payable in six months from the date thereof, and Rollins and wife • executed a mortgage on real estate to secure the same. Payments upon said note were made to the amount of $1,620 prior to August 1873. In June 1873, said Rollins and wife executed and delivered to Pritchett their note for the sum of $3,100, with interest, and their mortgage to secure the payment of the same; and in August 1873, said Rollins made and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Can a second mortgagee plead usury in a prior mortgage? Can he do it either to defeat, or postpone, the lien of such prior mortgage? Authorities are well divided on this question. That he can, is affirmed in Indiana, *358Pennsylvania, Ohio, New York, Maryland, and New Jersey. Cole v. Bausemer, 26 Ind. 94; Green v. Tyler & Co., 39 Penn. St. 361; (though under the present statute the opposite ruling seems to obtain; Miners Trust Co. v. Roseberry, 2 Law & Eq. Rep. 478;) Union Bank v. Bell, 14 Ohio St. 200; Brooks v. Avery, 4 Comstock, 225; Post v.…
2Cases cited15 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Chick v. WillettsSupreme Court of Kansas · 1864
- Ransom v. HaysSupreme Court of Missouri · 1867
- Cain v. GimonSupreme Court of Alabama · 1860
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- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
- State ex rel. Smith v. McMahonSupreme Court of Kansas · 1929
- Fenby v. HuntWashington Supreme Court · 1909
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Cheney v. DunlapNebraska Supreme Court · 1889
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