Nichols v. Overacker
Supreme Court of Kansas
Error from, Montgomery District Court. Foreclosure of mortgage,, brought by Nichols against Wm. Ii. Overacker and Sarah E. Overacker. The facts and proceedings in the district court are fully stated in the opinion. Trial and judgment at the August Term 1873. The plaintiff, Nichols, brings the case here for review.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Nichols against William II. Overacker and Sarah E. Overacker on a promissory note and a real-estate mortgage executed by said William H., alone. The petition of the plaintiff undoubtedly stated a good cause of action as against said William H., but it did not state any cause of action as against the other defendant.' The petition, besides being an ordinary petition on a note and mortgage as against William H. Overacker, also alleged that the consideration for said note and mortgage was money loaned by the…
2Cases cited3 opinions
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Magee v. MageeIllinois Supreme Court · 1869
- Carr v. CaldwellCalifornia Supreme Court · 1858
3Cited by29 opinions
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Greeno v. BarnardSupreme Court of Kansas · 1877
- Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
- King v. WilsonSupreme Court of Kansas · 1915
- Powers v. PenseWyoming Supreme Court · 1912
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