Broquet v. Warner
Supreme Court of Kansas
Error from Norton District Court. Action brought by Frederich W. Warner, as administrator of the estate of John S. Willard, deceased, against Mary Blue, Philip Blue, Mary Broquet, Ernest Broquet, Sarah L. Croco, William H. Croco, and George W. Burton, upon a promissory note, and to foreclose a mortgage to secure the same, executed by James and Mary Blue to George W. Burton, and assigned by Burton to John S. Willard.
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Error from Norton District Court. Action brought by Frederich W. Warner, as administrator of the estate of John S. Willard, deceased, against Mary Blue, Philip Blue, Mary Broquet, Ernest Broquet, Sarah L. Croco, William H. Croco, and George W. Burton, upon a promissory note, and to foreclose a mortgage to secure the same, executed by James and Mary Blue to George W. Burton, and assigned by Burton to John S. Willard. Afterward Willard died, and Frederick W. Warner was duly appointed as administrator. No defense was made by any of the defendants, except Ernest Broquet — he being the husband of…
1Opinion of the Court
Opinion by
Clogston, C.:
The single question now presented is, could the plaintiff in error obtain a valid tax title upon land in which his wife had an interest, as one of the surviving heirs of James Blue, her father? It is to be remembered that this action was to foreclose a mortgage that was executed in the lifetime of James Blue. After his death the plaintiff in error obtained a tax title upon the property mortgaged, in which his wife was an heir, and the plaintiff in error now insists that the question of the validity of this tax title could not be litigated in this action. This question…
2Cases cited3 opinions
- Burns v. ByrneSupreme Court of Iowa · 1876
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Busch v. HustonIllinois Supreme Court · 1874
3Cited by6 opinions
- Nagle v. TiepermanSupreme Court of Kansas · 1907
- Peck v. AyresSupreme Court of Kansas · 1909
- Warner v. BroquetSupreme Court of Kansas · 1895
- Upjohn v. MooreWyoming Supreme Court · 1932
- Baldwin v. GibsonSupreme Court of Kansas · 1911
1 more not listed; retrieve them via the Exa API.