Walter v. Logan
Supreme Court of Kansas
Error from Cherokee district court; A. H. Skid-more, judge. STATEMENT, Plaintive in error commenced this action in the district court of Cherokee county to recover a judgment and foreclose a mortgage against William Logan and Matilda Logan, the makers thereof. Oliver P. Hill and F. S. Hill, the grantees of the Logans, and W. J. Neill, the payee therein, were made defendants.
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Error from Cherokee district court; A. H. Skid-more, judge. STATEMENT, Plaintive in error commenced this action in the district court of Cherokee county to recover a judgment and foreclose a mortgage against William Logan and Matilda Logan, the makers thereof. Oliver P. Hill and F. S. Hill, the grantees of the Logans, and W. J. Neill, the payee therein, were made defendants. Defendants Hill and Hill answered, admitting that the Logans executed the mortgage and delivered it to the Western Farm Mortgage Company, of Lawrence, Kan., and alleging that said note and mortgage wex*e payable to W. J.…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
There was no allegation in the answer of either Hill or Logan that the Western Farm Mortgage Company, or either of its successors, was the agent of Walter, the owner and holder of the note and mortgage, nor was there any evidence produced on the trial tending to establish such fact. The interest coupons, which were paid by Logan and by Hill to the Western Farm Mortgage Company and its successors, and returned to them, brought home to them knowledge that neither Neill nor the Western Farm Mortgage Company,- or either of its successors, was…
2Cited by4 opinions
- Fowls v. OutcaltSupreme Court of Kansas · 1902
- Walmer v. RedingerSupreme Court of Kansas · 1924
- Allen v. WaddleSupreme Court of Kansas · 1922
- Walter v. LoganSupreme Court of Kansas · 1904