Myers v. Jones
Supreme Court of Kansas
Error from Lyon, district court; W. A. Randolph, judge. STATEMENT. On July 24, 1897, there was filed in the court below a petition as follows : “J. G. Hutchison, John H. Tennant, Willis C. Walker, Samuel Goodin, and William Stribling, partners as Tennant, Walker & Co., P. P. Argersinger and James P. Argersinger, partners as P. P. Argersinger & Co., Plaintiffs, v. “Edward P. Kimball, Wallace Hackett, and W. F. Thayer, and Dan.
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Error from Lyon, district court; W. A. Randolph, judge. STATEMENT. On July 24, 1897, there was filed in the court below a petition as follows : “J. G. Hutchison, John H. Tennant, Willis C. Walker, Samuel Goodin, and William Stribling, partners as Tennant, Walker & Co., P. P. Argersinger and James P. Argersinger, partners as P. P. Argersinger & Co., Plaintiffs, v. “Edward P. Kimball, Wallace Hackett, and W. F. Thayer, and Dan. Gaughan, sheriff of Lyon county, Kansas, Defendants. “ Come now the said plaintiffs and, for their cause of action against the said defendants, say: “That on or about…
1Opinion of the Court
The opinion of the court was delivered by '
Smith, J. :
The half-section of land included in the mortgage for $2200 given by G. P. Jones and wife to Willis G. Myers, on January 20, 1887, was sold under a judgment recovered in May, 1888, by Brigham & Co. against Jones. The appraisers selected by the sheriff valued the land at nothing above the encumbrances. The return of the officer shows that he advertised the real estate and sold the half section in controversy to J. W. Brigham for five dollars, subject to a mortgage lien of $2200. The defendant in error Hutchison derived title to said land by…
2Cases cited8 opinions
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Bayer v. CockerillSupreme Court of Kansas · 1865
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- Irwin v. ShoemakerSupreme Court of Pennsylvania · 1844
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- Streeter v. Ponca State BankSupreme Court of Oklahoma · 1915
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