Bradley v. Parkhurst
Supreme Court of Kansas
Error from Montgomery District Court. Parkhurst, as plaintiff, brought this action to foreclose a mortgage on Block 85 and the W. \ of Block 84 in the city of Independence, executed to him on the 17th of February 1873 by W. O. Sylvester and wife. The city of Independence was laid out on section 36, township 32 south, range 15 east. D. T. Camenga, J. M. Anderson, Enoch Sylvester, and Bridget Bradley, were joined as co-defendants.
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Error from Montgomery District Court. Parkhurst, as plaintiff, brought this action to foreclose a mortgage on Block 85 and the W. \ of Block 84 in the city of Independence, executed to him on the 17th of February 1873 by W. O. Sylvester and wife. The city of Independence was laid out on section 36, township 32 south, range 15 east. D. T. Camenga, J. M. Anderson, Enoch Sylvester, and Bridget Bradley, were joined as co-defendants. W. O. Sylvester and wife, mortgagors, and Enoch Sylvester, made default. Camenga and Anderson answered, admitting plaintiff’s cause of action, and set up a claim as…
1Opinion of the Court
The opinion of the court was delivered by
Brewek, J.:
This was an action to foreclose a note and mortgage. Plaintiff in error was made a defendant. It was not alleged that she executed the note, or the mortgage, or was in any manner privy to them. On the contrary, the only allegation in the petition touching her was in these words:
“And the plaintiff further says, that on the 13th of April 1874, Maggie Reynolds and Charles T. Reynolds fraudulently and corruptly made, executed and delivered their certain deed in writing conveying the said premises to the said Bridget Bradley, who now claims…
2Cases cited15 opinions
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