Scantlin v. Allison
Supreme Court of Kansas
Error from Brown District Court. Action by Allison and another on three promissory notes made payable to them. Scantlin, the maker of the note, answered, first, that the plaintiffs were not the real parties in interest, second, that the consideration of the notes had failed, and third, damages for the breach of covenants of seisin in a deed of land sold by plaintiff to defendant, and for the purchase-money of which land the notes were given.
Read the full summary
Error from Brown District Court. Action by Allison and another on three promissory notes made payable to them. Scantlin, the maker of the note, answered, first, that the plaintiffs were not the real parties in interest, second, that the consideration of the notes had failed, and third, damages for the breach of covenants of seisin in a deed of land sold by plaintiff to defendant, and for the purchase-money of which land the notes were given. The action was tried at the October Term 1872 of the district court. The plaintiffs had judgment, and Scantlin brings the case here on error. The record…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
George Allison in his lifetime executed a will devising and bequeathing all his real and personal property to his five children, in equal shares. He also willed that said property should be sold whenever a majority of his heirs desired the same to be done. But as to how it should be sold, or who should sell it, or who should receive, take charge of, or distribute the proceeds thereof, he made no provision. He appointed James B. Allison, who was also an heir and devisee, and John N. Anderson, executors of his last will and testament, and…
2Cases cited11 opinions
- Administrators of Downer v. SmithSupreme Court of Vermont · 1866
- Dale v. ShivelySupreme Court of Kansas · 1871
- Frisbee v. HoffnagleNew York Supreme Court · 1814
- Slack v. McLaganIllinois Supreme Court · 1853
- Walker v. WilsonWisconsin Supreme Court · 1861
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Chambers v. CoxSupreme Court of Kansas · 1880
- Scantlin v. AllisonSupreme Court of Kansas · 1884
- Central Loan & Trust Co. v. Campbell Commission Co.Supreme Court of Oklahoma · 1897
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.