Legal Opinion

Sellers v. Crossan

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 18 opinions

Error from Miami District Court. ACTION by A. K. Sellers and another against Rebecca Crossan, to set aside a judgment. There was judgment for defendant, and plaintiffs bring error. The opinion states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This was an action brought by A. K. Sellers and Nettie Sellers, his wife, to vacate and set aside a judgment obtained by Rebecca Crossan against D. O. Sellers and Clara N. Sellers, foreclosing a mortgage against real estate in Paola. The grounds for vacation, of the judgment were that D. O. Sellers and Clara N. Sellers, who executed the mortgage which was foreclosed, were not the actual owners of the property mortgaged, but the plaintiffs were the owners, and had occupied it since a long time before the mortgage was made as their…

2Cases cited1 opinion

  1. McNeil v. JordanSupreme Court of Kansas · 1882

3Cited by18 opinions

  1. Flesher v. CallahanSupreme Court of Oklahoma · 1912
  2. Gardner v. WrightOregon Supreme Court · 1907
  3. Dotson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
  4. Hunt v. W. T. Rawleigh Medical Co.Supreme Court of Oklahoma · 1918
  5. Withers v. LoveSupreme Court of Kansas · 1905

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