Case v. Bartholow
Supreme Court of Arkansas
Error from Johnson District Court. Action brought by Case, against Bartholow and six others, to foreclose a mortgage given by Bartholow and wife upon certain lands in Johnson county, to Augusta M. Bagwell, and by her assigned to said Case. Trial at November Term, 1876, of the district court, and findings and judgment for defendants. New trial refused, and the plaintiff Case brings the case here.
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Error from Johnson District Court. Action brought by Case, against Bartholow and six others, to foreclose a mortgage given by Bartholow and wife upon certain lands in Johnson county, to Augusta M. Bagwell, and by her assigned to said Case. Trial at November Term, 1876, of the district court, and findings and judgment for defendants. New trial refused, and the plaintiff Case brings the case here. The proceedings and decree rendered by the Douglas county district court have no binding force on Augusta M. Bagwell or James H. Bagwell, neither of whom appeared in or contested the facts of the…
1Opinion of the Court
The opinion of the court was delivered by
Hojkton, C. J.:
This action was brought by the plaintiff in error against the defendants in error in the court below to foreclose a mortgage on certain real estate in Johnson county, given by E. M. and M. J. Bartholow to Augusta M. Bag-well, and by her assigned to the plaintiff, on July 24th, 1875. On Jan. 1st, 1875, the said Bartholows gave a mortgage on the land in controversy, as well as on land in Douglas county, to Henry Gay for the benefit of Gilbert & Gay, which was recorded in Johnson county, January 16th, 1875, and in- Douglas county, January…
2Cases cited5 opinions
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Short v. NoonerSupreme Court of Kansas · 1876
- Burgess v. M. C. & N. W. RailroadSupreme Court of Kansas · 1877
- Entrekin v. ChambersSupreme Court of Kansas · 1873
- Comm'rs of Jefferson County v. HudsonSupreme Court of Kansas · 1878
3Cited by8 opinions
- State v. WoodmanSupreme Court of Kansas · 1928
- Rowe v. PalmerSupreme Court of Kansas · 1883
- State ex rel. Blake v. DunnSupreme Court of Kansas · 1925
- Schlacks v. JohnsonColorado Court of Appeals · 1899
- Missouri Pacific Railroad v. Red Star Milling Co.Supreme Court of Kansas · 1926
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