Kirkwood v. Koester
Supreme Court of Kansas
Kror from Marshall District Cowt. Action by Koester- to foreclose a mortgage. The proceedings in the court below, and the respective claims and equities of the several defendants to and in the mortgaged premises, are fully stated in the opinion. Judgment of foreclosure and sale was rendered by the district court at the November Term 1872, and Kirkwood, one of the defendants, brings the case here on error.
Read the full summary
Kror from Marshall District Cowt. Action by Koester- to foreclose a mortgage. The proceedings in the court below, and the respective claims and equities of the several defendants to and in the mortgaged premises, are fully stated in the opinion. Judgment of foreclosure and sale was rendered by the district court at the November Term 1872, and Kirkwood, one of the defendants, brings the case here on error. The main question appears to be a proper construction of §419., of the civil code. Do the words “real estate,” used in this section, and the words “ lands and tenements,” in § 443 of the…
1Opinion of the Court
*474The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Charles F. Koester against William H. Clutter and wife to foreclose a certain mortgage. Francis Kirkwood and Allen Reed were afterward made parties defendant, on their own motion, on the ground that they each claimed to have some interest in the mortgaged property. The mortgaged property consisted of a certain town lot in the town of Frankfort, Marshall county. All the parties claimed under one Perry Hutchinson, to whom the lot originally belonged. Hutchinson by a parol contract agreed to convey this lot to…
2Cases cited2 opinions
- Kurtz v. SponableSupreme Court of Kansas · 1870
- Kiser v. SawyerSupreme Court of Kansas · 1868
3Cited by10 opinions
- Ashton v. IngleSupreme Court of Kansas · 1878
- Stark v. MorganSupreme Court of Kansas · 1906
- Strom v. WoodSupreme Court of Kansas · 1917
- Jones v. LaphamSupreme Court of Kansas · 1875
- Poole v. FrenchSupreme Court of Kansas · 1905
5 more not listed; retrieve them via the Exa API.