Brown v. Hiatts
Supreme Court of the United States
Appeal from the Circuit Court for the District of Kansas; the case being thus: Brown filed a bill against Hiatt aud wife to foreclose a mortgage, executed by the latter persons upon cei’tain real property in Kansas, to secure their joint aud several bond for $2400, with interest, and to obtain a sale of the mortgaged premises for its payment.
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Appeal from the Circuit Court for the District of Kansas; the case being thus: Brown filed a bill against Hiatt aud wife to foreclose a mortgage, executed by the latter persons upon cei’tain real property in Kansas, to secure their joint aud several bond for $2400, with interest, and to obtain a sale of the mortgaged premises for its payment. The case was thus: On the 29th of May, 1860, Brown, who was then and still is a citizen and resident of Virginia, being at the time in Kansas, lent to the defendants, citizens of that State, the sura of $2000, at interest, at the rate of 20 per cent, a…
1Opinion of the CourtJustice Field
We fully concur in the conclusion of the Circuit Court that the alleged verbal agreement between the parties that the complainant should take the Perkins judgment and Kenyon note, at the election of the defendants, iu satisfaction of the bond and mortgage in suit, is not proved. The existence of any agreement of the kind is positively denied by the complainant, and all the circumstances of the case show conclusively to our minds that no such agreement was ever made. In the first place the amount of both collaterals, assuming them to have been perfectly good, was, at the time the loan was…
2Cited by47 opinions
- Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
- Greenwood Trust Company v. Commonwealth of MassachusettsCourt of Appeals for the First Circuit · 1992
- Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
- Smiley v. CitibankCalifornia Supreme Court · 1995
- United States v. Pacific RailroadSupreme Court of the United States · 1887
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