Lantis v. Davidson
Supreme Court of Kansas
Error from Kingman district court; G. W. McKay, judge. STATEMENT. This was an action brought by Samuel E. Davidson to set aside two judgments, one of which was rendered in October, 1879, in favor of Robert S.Timmons against said Samuel E. Davidson and Sarah J. Davidson, his wife, mortgagors, for the sum of $524.61, and foreclosing a mortgage on land in Kingman county; and another judgment rendered October 19, 1881, in favor of John H. Clark for $360 and foreclosing a second…
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Error from Kingman district court; G. W. McKay, judge. STATEMENT. This was an action brought by Samuel E. Davidson to set aside two judgments, one of which was rendered in October, 1879, in favor of Robert S.Timmons against said Samuel E. Davidson and Sarah J. Davidson, his wife, mortgagors, for the sum of $524.61, and foreclosing a mortgage on land in Kingman county; and another judgment rendered October 19, 1881, in favor of John H. Clark for $360 and foreclosing a second mortgage held by him. In the journal entry in the latter case the judgment in the former was modified, decreasing the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The case is presented to us upon the pleadings, conclusions of fact, and the decree. No evidence is jireserved in the record. The plaintiff in error earnestly contends that the action was barred by the statute of limitations. We cannot concur in this claim. In the first conclusion of fact the court found that Samuel E. Davidson, at the time of the rendition of the judgment, in October, 1879, was not of sound mind and memory, and was incapable of understanding or comprehending his rights and duties in said action or his relations thereto, and…
2Cases cited2 opinions
- Parker v. WigginsSupreme Court of Kansas · 1872
- Crawford v. ThomsonIllinois Supreme Court · 1896
3Cited by17 opinions
- Rockwell v. Preferred Risk Mut. Ins. Co.Mississippi Supreme Court · 1998
- Howard v. CarterSupreme Court of Kansas · 1905
- Seymour v. LofgreenSupreme Court of Kansas · 1972
- Biritz v. WilliamsSupreme Court of Kansas · 1997
- Davidson v. TimmonsSupreme Court of Kansas · 1913
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