Burtis v. Wait
Supreme Court of Kansas
Error from Marshall District Court. AotioN by Nelson W. Wait against James P. Burtis, Polly Burtis, James P. Burtis as administrator of the estate of Lizzie. S. Burtis, deceased, Fred.
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Error from Marshall District Court. AotioN by Nelson W. Wait against James P. Burtis, Polly Burtis, James P. Burtis as administrator of the estate of Lizzie. S. Burtis, deceased, Fred. S. Burtis, and W. S. Deyoe, brought June 30,1882, to recover $1,000, with interest, upon a promissory note executed by James P. Burtis to the plaintiff, September 1,1875, and also to reform and foreclose a mortgage executed by James P. Burtis and Lizzie S. Burtis, his wife, on said September 1, to secure the payment of the note. Trial at the September Term, 1883, by the court without a jury. After the case had…
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
It is claimed by the plaintiffs in error, defendants below, that as Lizzie S. Burtis did not sign the note executed by her husband, James P. Burtis, and that as she was the owner of the property mortgaged, and that as the discharge in bankruptcy released her husband from the payment of the note, therefore that the property mortgaged is not subject to the payment of the debt secured thereby. It is conceded that the mortgage was given before the discharge iu bankruptcy was obtained, or the application filed therefor, ■ and that the debt…
2Cases cited6 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Hubbard v. OgdenSupreme Court of Kansas · 1879
- Roberts v. WoodWisconsin Supreme Court · 1875
- Cole v. DuncanIllinois Supreme Court · 1871
- Wicks v. PerkinsU.S. Circuit Court for the District of Eastern Texas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McCann v. McCannSupreme Court of Oklahoma · 1909
- Failor v. WeheSupreme Court of Kansas · 1916