Clevenger v. Figley
Supreme Court of Kansas
Error from Brown district court; William I. Stuart, judge. STATEMENT. Prior to September 4, 1888, J. J. Figley was the owner of 360 acres of land in Brown county. On that date his wife, Sarah M. Figley, was adjudged to be insane, and Samuel Huston was appointed her guardian.
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Error from Brown district court; William I. Stuart, judge. STATEMENT. Prior to September 4, 1888, J. J. Figley was the owner of 360 acres of land in Brown county. On that date his wife, Sarah M. Figley, was adjudged to be insane, and Samuel Huston was appointed her guardian. On November 3, 1888, after formal proceedings for that purpose, the probate court directed the guardian of the wife to join with the husband in the execution of a mortgage upon the land' to secure the payment of the sum of $7500, according to the terms of a promissory note due in three years from the date of the order.…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J. :
In his petition the guardian of Sarah M. Figley presented to the district court a mortgage on the real estate in controversy, executed by him in pursuance of an authority conferred by the probate court having general jurisdiction of the estate of his ward, and prayed that it be declared to be a void thing, creating no rights and no liabilities and binding upon no person and no property whatsoever. This judgment was asked against the privies in estate of the mortgagee. In the case of Johnson v. Figley, the mortgagee presented the identical…
2Cases cited39 opinions
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