Hunter v. Coffman
Supreme Court of Kansas
Error from Kingman district court; Preston B. Gillett, judge. STATEMENT. This was a suit to redeem certain lands from the lien of a mortgage.
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Error from Kingman district court; Preston B. Gillett, judge. STATEMENT. This was a suit to redeem certain lands from the lien of a mortgage. In 1892 James E. Coffman, who was the owner of a farm in Kingman county, was indebted to A. S. Hunter in the sum of $260. He conveyed the farm by warranty deed to Plunter to secure the debt, with an oral agreement that it should be a mortgage, and continued to occupy the land with his family as a homestead until in 1899, when the debt amounted to $675. He claimed in his petition that at that time, in order further to secure the debt, he had delivered…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Two of the findings of the court are challenged as not supported by any evidence. They are as follow:
“ (4) The court finds that in the month of February, *3101898, there was an accounting had between the said Coffman and the said Hunter, and that at that time there was due the said Hunter $670; that the said Coffman, being anxious to keep the debt from increasing, agreed that the said Hunter should from that time on receive the rents and profits from the land and apply the same on the debt, and that said Hunter did receive the same.”
“(8)…
2Cases cited4 opinions
- Knowlton v. WalkerWisconsin Supreme Court · 1860
- McPherson v. HaywardSupreme Judicial Court of Maine · 1889
- Kohlheim v. HarrisonMississippi Supreme Court · 1857
- Southern Kansas Railway Co. v. HinsdaleSupreme Court of Kansas · 1888
3Cited by5 opinions
- Wolcott & Lincoln, Inc. v. ButlerSupreme Court of Kansas · 1942
- Miller v. CloneySupreme Court of Kansas · 1927
- Clark v. ShoesmithSupreme Court of Kansas · 1914
- Doty v. ShepardSupreme Court of Kansas · 1914
- Bohannon v. PinkstonSupreme Court of Kansas · 1957