Home Insurance v. Marshall
Supreme Court of Kansas
Error from Butler District Court. Action by the Home Insurance Company against Marshall and wife to foreclose a mortgage. From a judgment in its favor for only $103, the plaintiff brings error. The opinion states the facts.
1Opinion of the Court
*236Opinion by
Green, C.:
The plaintiff in error brought an action to foreclose a mortgage executed by D. W. Marshall and wife to the Equitable Trust & Investment Company to secure the payment of $800, dated February 1, 1886, due in five years. The notes and mortgage were assigned by the payee to the Massachusetts Mutual Life Insurance Company, and on December 27, 1887, assigned to the Home Insurance Company, the plaintiff below. The defendants below admitted the execution of the notes and mortgage, but alleged payment by the collection of an insurance policy of $800, which they were required by…
2Cases cited2 opinions
- German Insurance v. SmelkerSupreme Court of Kansas · 1888
- Leavenworth, Northern & Southern Railway Co. v. UsherSupreme Court of Kansas · 1889
3Cited by6 opinions
- Neises v. Soloman State BankSupreme Court of Kansas · 1985
- Camden Fire Ins. v. SutherlandTexas Commission of Appeals · 1926
- Sun Insurance Office v. HeidererSupreme Court of Colorado · 1908
- Wolcott v. SpragueU.S. Circuit Court for the District of Kansas · 1893
- Phœnix Insurance v. DolanSupreme Court of Kansas · 1893
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