Martsolf v. Barnwell
Supreme Court of Kansas
Error from Sedgwioh District Court. An action to foreclose a mortgage was brought by Charles McDougall as plaintiff, against Egbert J. Blood and wife, as mortgagees. Martsolf and Barnwell were joined as co-defendants. They answered separately — Martsolf claiming a mechanic’s lien on the mortgaged premises, under a contract dated August 23d 1871, and Barnwell claiming under a' mortgage executed and recorded two days earlier.
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Error from Sedgwioh District Court. An action to foreclose a mortgage was brought by Charles McDougall as plaintiff, against Egbert J. Blood and wife, as mortgagees. Martsolf and Barnwell were joined as co-defendants. They answered separately — Martsolf claiming a mechanic’s lien on the mortgaged premises, under a contract dated August 23d 1871, and Barnwell claiming under a' mortgage executed and recorded two days earlier. The case was referred to C. C. N., who reported the facts as to each claim, but found as conclusions of law that Martsolf s lien was first, Barnwell’s second, and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is as to the priority of certain liens. The matter’ was tried before a referee, who filed his report, with findings of fact and conclusions of law. He gave plaintiff in error priority over Barnwell, defendant in error. The district court, however, upon the facts as reported by the referee,'awarded priority to Barnwell. No objection’was made by plaintiff in error to the referee’s report, and no motion made by him to set it aside. The facts therefore as found by the referee, are beyond question, and the only matter…
2Cited by14 opinions
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- Potwin State Bank v. WardSupreme Court of Kansas · 1958
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Hoagland v. LoweNebraska Supreme Court · 1894
- Tiernan v. Chicago Life Ins.Court of Appeals for the Eighth Circuit · 1914
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