Clark v. Imbrie
Supreme Court of Kansas
Error from Franklin District Court. ACTION brought by Nancy R. Imbrie, as executrix of the estate of D. R. Imbrie, deceased, against Clark and another, upon a note and mortgage. Trial at the September Term, 1880, of the district court, and judgment for the plaintiff. The defendants bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On July 27,1871, Wm, H. Clark, plaintiff in error, together with one M. E. Cheney, made his promissory note to D. R. Imbrie for $500. On July 27,1872, Clark.. *425with his wife, executed a mortgage upon real estate in Franklin county to Mrs. N. R. Imbrie, as the executrix of the estate of D. R. Imbrie, deceased, to secure the payment of the note. At the latter date, D. R. Imbrie was dead, and Mrs. N. R. Imbrie was his executrix. Cheney also died before the commencement of the action. On July 22, 1880, Mrs. N. R. Imbrie, as executrix, began…
2Cases cited2 opinions
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