School District No. 82 v. Taylor
Supreme Court of Kansas
Error from Montgomery District Court. Foreclosure of mortgage, brought by Taylor against S. F. Griswold and School District No. 88. In April 1873, Griswold executed his note, and a mortgage to secure the same, to and in favor of one Lewis Taylor, for $335.50, payable one year after the date thereof. The mortgage covered a full quarter-section of land. In May next following the plaintiff, Charles Taylor, became the owner and holder of said note and mortgage.
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Error from Montgomery District Court. Foreclosure of mortgage, brought by Taylor against S. F. Griswold and School District No. 88. In April 1873, Griswold executed his note, and a mortgage to secure the same, to and in favor of one Lewis Taylor, for $335.50, payable one year after the date thereof. The mortgage covered a full quarter-section of land. In May next following the plaintiff, Charles Taylor, became the owner and holder of said note and mortgage. After maturity of the note, this action was commenced. Griswold made default. The School District answered, claiming title to a portion…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
statement of the case. The only question involved in this case is one concerning conflicting interests in a certain piece of land. Both parties claim under the same grantor. The plaintiff claims under a mortgage, and the defendant claims under a deed of conveyance. The deed was executed first in time, but the mortgage was recorded first. In fact the deed has never been recorded. It would seem from the agreed statement of facts, that the common grantor once owned a certain quarter-section of land; that he sold and conveyed one acre thereof…
2Cases cited11 opinions
- Morrison v. KellyIllinois Supreme Court · 1859
- Wickes v. LakeWisconsin Supreme Court · 1869
- Dickey v. LyonSupreme Court of Iowa · 1865
- Johnson v. ClarkSupreme Court of Kansas · 1877
- Woodward v. ClarkMichigan Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Holden v. GarrettSupreme Court of Kansas · 1879
- McNeil v. JordanSupreme Court of Kansas · 1882
- Greer v. HigginsSupreme Court of Kansas · 1878
- Edwards v. MyersSupreme Court of Kansas · 1929
- International Harvester Co. of America v. MyersSupreme Court of Kansas · 1912
8 more not listed; retrieve them via the Exa API.