Freese v. Scouten
Supreme Court of Kansas
Error from Kiowa District Court. ON March 10, 1885, Edward Scouten made an entry in the local United States land office at Larned of the northeast quarter of section 24, township 28 south, of range 20, in Kiowa county, containing 160 acres of land. On March 17, 1886, he executed and delivered two mortgages upon the same land to the Showalter Mortgage Company, one to secure $400 with interest, and the other to secure $60 with interest.
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Error from Kiowa District Court. ON March 10, 1885, Edward Scouten made an entry in the local United States land office at Larned of the northeast quarter of section 24, township 28 south, of range 20, in Kiowa county, containing 160 acres of land. On March 17, 1886, he executed and delivered two mortgages upon the same land to the Showalter Mortgage Company, one to secure $400 with interest, and the other to secure $60 with interest. One mortgage was recorded on the 19th day of March, 1886, and the other mortgage was recorded on the 20th day of March, 1886. The land in controversy is a part…
1Opinion of the Court
The opinion of the court was delivered by
HoiítoN, C. J.:
The answer of the defendant Charles E. Lewis alleged that the entry of the land mentioned in the mortgages executed by Edward Seouten had been canceled on September 8, 1888, by the commissioner of the general land office of the United States. If nothing further appeared in the case, this would be conclusive; because this court will presume that it was done upon sufficient evidence and in ac cordance with the rules of the land department. (Swigart v. Walker, 49 Kas. 100; Fernald v. Winch, 50 id. 79.) Section 2283 of the Revised Statutes…
2Cases cited3 opinions
- Redden v. TefftSupreme Court of Kansas · 1892
- Swigart v. WalkerSupreme Court of Kansas · 1892
- Kohn v. BarrSupreme Court of Kansas · 1893
3Cited by1 opinion
- Freese v. RuskSupreme Court of Kansas · 1894