Stroup v. Pepper
Supreme Court of Kansas
Error from Rooks district Court; Charles W. Smith, judge. STATEMENT. Plaintiees in error, who were plaintiffs in the court below, are the five sons and one daughter, and heirs at law, of James T. Stroup, who died April 9, 1889. He was owner of 160 acres of land, for the possession of which this ejectment action was brought. Mr. Stroup was a widower when he died, and resided with the two minor children on the land.
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Error from Rooks district Court; Charles W. Smith, judge. STATEMENT. Plaintiees in error, who were plaintiffs in the court below, are the five sons and one daughter, and heirs at law, of James T. Stroup, who died April 9, 1889. He was owner of 160 acres of land, for the possession of which this ejectment action was brought. Mr. Stroup was a widower when he died, and resided with the two minor children on the land. A mortgage for the sum of $950, executed in Stroup’s lifetime, was a lien on the land. His administrator procured an order of the probate court to sell the property for the purpose…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
This case was decided in October last and the judgment of the court below reversed. (73 Pac. 896.) A rehearing was allowed, and the question *245submitted to counsel for argument was whether the decree in the foreclosure suit of Huston, Trustee, v. The Bow Creek Irrigation Company and others was resjudicata respecting the rights claimed by Huston in the ejectment action as a mortgagee in possession.
The mortgage for $950 on the land in controversy held by Huston was set up for the first time in the foreclosure suit in his reply to the answer of…
2Cases cited12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
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- Wentworth v. Racine CountyWisconsin Supreme Court · 1898
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