Rossiter v. Merriman
Supreme Court of Kansas
Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. - This suit to foreclose two mortgages involves the ownership of one and priority between the two. The plaintiff, Joseph P. Rossiter, set up a note executed by Charles M. Merriman and wife on June 15, 1897, for $450, and a mortgage on a lot in Coffeyville securing the note, as well as an assignment of the note and mortgage to himself by the Mid-continent Cooperative Loan Company, the mortgagee.
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Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. - This suit to foreclose two mortgages involves the ownership of one and priority between the two. The plaintiff, Joseph P. Rossiter, set up a note executed by Charles M. Merriman and wife on June 15, 1897, for $450, and a mortgage on a lot in Coffeyville securing the note, as well as an assignment of the note and mortgage to himself by the Mid-continent Cooperative Loan Company, the mortgagee. He asked judgment for the amount due on the note and the foreclosure of the mortgage. No answer was filed by the M'errimans,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
Although the plaintiff challenges
the finding- of fact as to the purchase and ownership ,of the Selby notes it is not open to reconsideration, because the evidence on which it was "based was not preserved and there was no motion for a new trial.
There remains the question whether the facts found -’justified the ruling that the plaintiff was not entitled to a foreclosure of the Merriman mortgage. That mortgage.was legally executed, duly recorded, and it, *743as well as the claim which it secured, had been purchased by and was the property of…
2Cases cited16 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Conyers v. MericlesIndiana Supreme Court · 1881
- Price v. First National BankSupreme Court of Kansas · 1901
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Remington Paper Co. v. HudsonSupreme Court of Kansas · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- City of Topeka v. RitchieSupreme Court of Kansas · 1918
- Anderson v. AndersonSupreme Court of Kansas · 1942
- Bullington v. LoweSupreme Court of Oklahoma · 1923
- Kearny County Bank v. NunnSupreme Court of Kansas · 1943
- Johnson v. Martin Furniture Co.Tennessee Supreme Court · 1918
22 more not listed; retrieve them via the Exa API.