Schick v. Warren Mortgage Co.
Supreme Court of Kansas
Appeal from Lyon district court; Frederick A. Meckel, judge. STATEMENT. This is an action to recover a judgment for money. The appellant is a corporation engaged in loaning money and is located at Emporia, Kan. The appellee resides at Shenandoah, Iowa, where he has lived about thirty years and has been engaged in buying and selling real estate, farming, cattle raising, and in mercantile and banking business.
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Appeal from Lyon district court; Frederick A. Meckel, judge. STATEMENT. This is an action to recover a judgment for money. The appellant is a corporation engaged in loaning money and is located at Emporia, Kan. The appellee resides at Shenandoah, Iowa, where he has lived about thirty years and has been engaged in buying and selling real estate, farming, cattle raising, and in mercantile and banking business. He owned real estate in Butler county, Kansas, near the town of Atlanta, in Cowley county. There was a mortgage upon this land, amounting to $2100 and some back interest, and there were…
1Opinion of the Court
The opinion of the court was delivered by
Gbaves, J.:
The appellant contends that the court by its instructions committed serious error and practically directed a verdict for the plaintiff. The instructions complained of read:
“The defendant further claims that the plaintiff’s $4000 mortgage by its terms was to be a first mortgage upon said land, and that to make the same a first mortgage it was necessary that all liens and encumbrances then upon said land be paid off and discharged of record. And so if the jury shall find from the evidence in this case that the defendant remitted to said…
2Cited by3 opinions
- Sams v. Commercial Standard InsuranceSupreme Court of Kansas · 1943
- Schick v. Warren Mortgage Co.Supreme Court of Kansas · 1912
- Graham v. BuescheSupreme Court of Kansas · 1923