Kuhn v. National Bank
Supreme Court of Kansas
Error from Jackson district court; C. F. Hurrell, judge. STATEMENT. The plaintiff in error, having at the time no interest whatever in or lien upon the land, purchased a tract of land which was encumbered by three mortgages.
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Error from Jackson district court; C. F. Hurrell, judge. STATEMENT. The plaintiff in error, having at the time no interest whatever in or lien upon the land, purchased a tract of land which was encumbered by three mortgages. At the time of the purchase, and for some time prior thereto, abstracts of two judgments rendered by a justice of the peace against Kuhn’s grantor and in favor of the National Bank of Holton had been on file in the district court of Jackson county, in which county the land was located, and such judgments were liens upon the land in question. By his contract of purchase…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Two objections to the action of the court in this case are presented: (1) The exclusion of evidence offered .to show that the plaintiff had no actual knowledge of the existence of the judgments or judgment liens on the land at the time he purchased it; (2) that, upon the facts, not the defendants but the plaintiff was entitled to judgment.
If, as it has uniformly been decided, a purchaser of either real or personal property is bound to take notice of the facts affecting the title to the property which the records of the county show, and which…
2Cases cited8 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Young v. MorganIllinois Supreme Court · 1878
- Matzen v. ShaefferCalifornia Supreme Court · 1884
- Darrough v. Herbert Kraft Co. BankCalifornia Supreme Court · 1899
- Bowling v. GarrettSupreme Court of Kansas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Citizens Mercantile Co. v. EasomSupreme Court of Georgia · 1924
- Bankers Trust Co. v. United StatesCourt of Appeals of Kansas · 2001
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- Harms v. BurtCourt of Appeals of Kansas · 2002
11 more not listed; retrieve them via the Exa API.