Legal Opinion

Muzzy v. Knight

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 20 opinions

Error from Douglas District Gou/rt. The action below was brought by Muzzy against Krdght and wife to foreclose a mortgage, and against several other parties claiming some interest in the mortgaged premises. As between Muzzy and Knight there was but one question, and that was whether interest was payable annually on the note. The note was payable five years from date; it was not due, and it said nothing as to when interest thereon was payable.

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Error from Douglas District Gou/rt. The action below was brought by Muzzy against Krdght and wife to foreclose a mortgage, and against several other parties claiming some interest in the mortgaged premises. As between Muzzy and Knight there was but one question, and that was whether interest was payable annually on the note. The note was payable five years from date; it was not due, and it said nothing as to when interest thereon was payable. The mortgage stipulated that interest on the note was “payable annually.” The foreclosure was to recover this interest. The case was tried at the June…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

On the 8th day of May, 1866, the defendant in error, Walter Knight, gave a note to plaintiff in error for two thousand dollars payable in five years with ten per cent, interest, with the privilege of paying the note at an earlier period. At the same time Knight, together with his wife, executed a mortgage on real estate to Muzzy to secure the payment of the note, which mortgage stipulated that the interest should be paid annually, and in default of payment of any part, then that the mortgage might be foreclosed. No interest was paid, and…

2Cases cited2 opinions

  1. Chick v. WillettsSupreme Court of Kansas · 1864
  2. Round v. DonnelSupreme Court of Kansas · 1869

3Cited by20 opinions

  1. Cornish v. WoolvertonMontana Supreme Court · 1905
  2. Brooke v. StruthersMichigan Supreme Court · 1896
  3. Meyer v. GraeberSupreme Court of Kansas · 1877
  4. In Re DavisUnited States Bankruptcy Court, D. Kansas · 1981
  5. Boley v. Lake Street Elevated RailroadAppellate Court of Illinois · 1896

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