Legal Opinion

Wey v. Schofield

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 8 opinions

Error from Phillips District Court. The opinion states the ease. The cause of action accrues at the time the mortgage is actually paid, and the statute commences to run from that time.

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Error from Phillips District Court. The opinion states the ease. The cause of action accrues at the time the mortgage is actually paid, and the statute commences to run from that time. It is true that, in order to be entitled to bring the action, the mortgagor must make a demand upon the mortgagee or his assignee, but this action being in the nature of a penal action, the demand is simply a condition precedent to be performed by the mortgagor in order to entitle him to bring any action at all. Gen. Stat. of 1889, ¶¶ 3892, 3910; Hall v. Hurd, 40 Kas. 374. The statute under which this action…

1Opinion of the Court

The opinion of the court was delivered by

JOHNSTON, J.:

This action was brought by W. H. Scho-field against H. C. Wey, to recover $200, as penalty for refusing, on demand, to discharge of record two chattel mortgages given by Schofield to Wey. The first of these mortgages was filed for record on October 20, 1886, and it is alleged that the debt for which it was given was fully paid and satisfied during the year 1886. The second mortgage was entered of record July 21, 1887, and it is alleged that the debt for which it was given was paid in full on October 26, 1888. The mortgages were not…

2Cases cited1 opinion

  1. Atchison, Topeka & Santa Fé Railroad v. Burlingame TownshipSupreme Court of Kansas · 1887

3Cited by8 opinions

  1. State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
  2. Frame v. AshleySupreme Court of Kansas · 1898
  3. Slater v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
  4. Udall Milling Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
  5. Emerson-Brantingham Implement Co. v. FaulknerSupreme Court of Kansas · 1925

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