Donaldson v. Everhart
Supreme Court of Kansas
Error from, Pratt District Court. Action to cancel a certain mortgage. Judgment for plaintiff, Everhart, on February 15, 1889. The defendants, Donaldson and others, bring the case to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 14th day of February, 1889, Mrs. S. A. Everhart commenced her action against Thomas Don*719aldson and E. A. Munch, to set aside and cancel a note of $5,000, dated June 7, 1888, and a mortgage to secure the same, of the same date, on lot 2, in block 7, in Pitzer’s addition to the city of Pratt, executed by Mrs. S. A. Everhart and her husband, J. T. Everhart, to Thomas Donaldson, of Waterbury, Conn. It was filed for record on the same day of its execution, but at the time of the commencement of the action the note and mortgage were in…
2Cases cited2 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
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