Hendricks v. Brooks
Supreme Court of Kansas
Error from Rawlins district court; William H. Peatt, judge. STATEMENT. This suit was brought by James C. Brooks to foreclose a mortgage on land owned by Robert S. Hendricks.
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Error from Rawlins district court; William H. Peatt, judge. STATEMENT. This suit was brought by James C. Brooks to foreclose a mortgage on land owned by Robert S. Hendricks. No personal judgment was sought or obtained against Hendricks, but the amount due upon a note and mortgage executed by one Collins and wife, at a time when Collins was the owner of the land, was found and adjudged a lien on the land, and the land was ordered sold to satisfy the lien unless the judgment should be paid. The facts disclosed are in brief as follow: Collins acquired title to the land from the government on…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Four questions are involved in the determination of this case: (1) The identity of the mortgage foreclosed with the mortgage which Tate assumed and agreed to pay in his deed from Collins and wife. (2) Did the acceptance of the deed from Collins and wife by Tate constitute an independent contract of indebtedness from Tate to the mortgagee or his assignees upon which the latter could, with personal service, have obtained a money judgment against Tate? (3) Was. the personal action, if any such action ever existed in favor of an assignee of the…
2Cases cited1 opinion
- Schmucker v. SibertSupreme Court of Kansas · 1877
3Cited by15 opinions
- Brownson v. HannahSupreme Court of Florida · 1927
- Devine v. RookMissouri Court of Appeals · 1958
- Merrimon v. ParkeyTennessee Supreme Court · 1916
- Proctor Trust Co. v. NeihartSupreme Court of Kansas · 1930
- Motz v. Alropa CorporationSupreme Court of Georgia · 1941
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