Alexander v. Shonyo
Supreme Court of Kansas
Error from- Doniphan District Court. Trover, brought by Alexander, to recover from Shonyo the value of a steam engine and boiler alleged to have been taken and converted by Shonyo.
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Error from- Doniphan District Court. Trover, brought by Alexander, to recover from Shonyo the value of a steam engine and boiler alleged to have been taken and converted by Shonyo. In January 1870, one Moyer and his wife executed a .mortgage of three certain lots in the city of White Cloud, to and in favor of Alexander, to secure an indebtedness of $1,500. One Andrew Parker was the owner of said three lots in 1869. At that time there were a planing mill and a saw mill situated on the property, and the property was otherwise improved. In December 1869, Parker and wife executed two mortgages of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
There are several reasons in this case for the affirmance of the judgment of the court below. In the first instance, it is very doubtful, under the provisions of our statute relating to mortgages of real estate, whether a mortgagee, before foreclosure of his lien, can maintain any action for damages to the premises described in the mortgage, notwithstanding the insolvency of the mortgagor, and the insufficiency of the mortgaged premises to pay the claim against it. Vanderslice v. Knapp, ante, p. 647; Chick v. Willetts, 2 Kas. 385. But we…
2Cases cited1 opinion
- Opdyke v. CrawfordSupreme Court of Kansas · 1878
3Cited by1 opinion
- Robbins v. SackettSupreme Court of Kansas · 1880