Dexter v. Cochran
Supreme Court of Kansas
Error from Clay District Court. Cochran and two others, as partners, filed their petition against A. E. Dexter, John Dexter, and Emma Dexter, counting upon a note given by to plaintiff by said A. F. and John, and a mortgage executed by said A. F. and Emma, his .wife. The note was for $1,676.67, and the mortgage was upon the north half of sec. 23, and east half of northeast quarter of. sec. 22, in township 7 south, of range 2 east, in Clay county.
Read the full summary
Error from Clay District Court. Cochran and two others, as partners, filed their petition against A. E. Dexter, John Dexter, and Emma Dexter, counting upon a note given by to plaintiff by said A. F. and John, and a mortgage executed by said A. F. and Emma, his .wife. The note was for $1,676.67, and the mortgage was upon the north half of sec. 23, and east half of northeast quarter of. sec. 22, in township 7 south, of range 2 east, in Clay county. Both note and mortgage were dated 26th November 1872. The petition was filed, and summons issued, 23d December 1873. The summons was personally…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This action was brought in the court below to recover judgment on a promissory note, and to foreclose a mortgage given to secure the same. A summons in ordinary form in every respect, (unless as plaintiffs in error claim, the seal of the court was not thereto attached,) was issued in the action, and served upon the plaintiffs in error. Judgment was rendered on the note sued on, and a decree of foreclosure and sale allowed. Various orders of sale were issued, two appraisements were had, and the mortgaged premises sold to Orrin B. Taylor…
2Cases cited7 opinions
- Kœhler v. BallSupreme Court of Kansas · 1863
- Zane v. ZaneSupreme Court of Kansas · 1869
- Butcher v. Bank of BrownsvilleSupreme Court of Kansas · 1863
- Lender v. CaldwellSupreme Court of Kansas · 1868
- Haynes v. CowenSupreme Court of Kansas · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sharman v. HuotMontana Supreme Court · 1898
- Harpold v. DoyleIdaho Supreme Court · 1908
- Core v. SmithSupreme Court of Oklahoma · 1909
- Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
- Crist v. CosbySupreme Court of Oklahoma · 1902
16 more not listed; retrieve them via the Exa API.