Legal Opinion

Mills v. Ralston

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 12 opinions

Error from Leavenworth District Court. The action below was brought by Ralston and another, administrators, etc., against Madison Mills, Lucinda his wife, and ten others, as defendants. The action was based upon a promissory note given by said Madison Mills, bearing date November 1st 1864, for the sum of $12,000, payable one year after date to the order of William H. Ealston and Lucinda McCracken, administrators of the estate of Nelson McCracken, deceased.

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Error from Leavenworth District Court. The action below was brought by Ralston and another, administrators, etc., against Madison Mills, Lucinda his wife, and ten others, as defendants. The action was based upon a promissory note given by said Madison Mills, bearing date November 1st 1864, for the sum of $12,000, payable one year after date to the order of William H. Ealston and Lucinda McCracken, administrators of the estate of Nelson McCracken, deceased. A mortgage was given by Madison Mills and wife to secure the payment of note. The other-defendants were made parties to the action by…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The following are the material facts in this case. In November 1864, Madison Mills and wife executed a mortgage to William H. Ralston, administrator, and Lucinda McCracken, administratrix, of the estate of Nelson McCracken, deceased. A portion of the money secured thereby remaining unpaid. On the 14th of March 1871a suit was commenced in the district court of Leavenworth county to foreclose this mortgage. Personal service was had on both Mills and his *210wife. They filed no answer, and on the 19th of May 1871 a decree was entered. The petition…

2Cases cited3 opinions

  1. Thompson v. TolmieSupreme Court of the United States · 1829
  2. Kauffman v. WalkerCourt of Appeals of Maryland · 1856
  3. Wallingsford v. AllenSupreme Court of the United States · 1836

3Cited by12 opinions

  1. Ogden v. WaltersSupreme Court of Kansas · 1873
  2. County of Logan v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1903
  3. Brown v. KirkbrideSupreme Court of Kansas · 1878
  4. Ehrsam v. SmithSupreme Court of Kansas · 1900
  5. Knox v. DotySupreme Court of Kansas · 1909

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