Fernald v. Winch
Supreme Court of Kansas
Error from Kingman District Court. Action to foreclose a mortgage. The facts are fully stated in the opinion, filed December 10, 1892. We claim that the action of the commissioner of the land office and that of the register and receiver, was absolutely void, and their findings that Winch and Husey did not establish residence and settlement upon the land were nullities, and the orders of the commissioner of the land office, made in February, 1887, canceling the entries of…
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Error from Kingman District Court. Action to foreclose a mortgage. The facts are fully stated in the opinion, filed December 10, 1892. We claim that the action of the commissioner of the land office and that of the register and receiver, was absolutely void, and their findings that Winch and Husey did not establish residence and settlement upon the land were nullities, and the orders of the commissioner of the land office, made in February, 1887, canceling the entries of Winch and Husey, and afterwards opening the land up for settlement, were also nullities. The leading case is Smith v.…
1Opinion of the Court
Opinion by
Simpson, C.:
M. O. Fernald, the plaintiff in error, commenced this action in the district court of Kingman county, on the 16th day of August, 1888, against William C. Winch and Lydia Winch, to foreclose a mortgage executed by them on certain lands in Kingman county. To this action *82Henry Fieser and Amelia Fieser were made parties, and it was alleged in the petition that they had, or claimed to have, the title to, or some interest in, or lien upon said land, or a part thereof, which they acquired subsequent to the lien of the mortgagee. Winch and wife made default, but Fieser and wife…
2Cases cited1 opinion
- Swigart v. WalkerSupreme Court of Kansas · 1892
3Cited by1 opinion
- Caldwell v. BushWyoming Supreme Court · 1896