Pears v. Wilson
Supreme Court of Kansas
Error from Atchison District Court. Action on a promissory note and a mortgage, brought by Pears against Wilson and two others.
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Error from Atchison District Court. Action on a promissory note and a mortgage, brought by Pears against Wilson and two others. Trial January 19, 1878, by the court, which made certain special findings of fact, and thereon found the following conclusions of law: “1st. That defendant Leu is entitled to judgment against his co-defendants, John D. Wilson and Mary Wilson, in the .sum of $309 on said note, and the same shall draw interest .at the rate of twelve per cent, per annum from date hereof. “2d. That the plaintiff is entitled to a judgment against said defendant John D. Wilson, on his said…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note- and a mortgage; and the principal question involved in the-case is, whether the note and mortgage were barred by the-statute of limitations, or not. The note was given by John D. Wilson to William Pears, for $1,500, dated June 1, 1868,. and due two years after date. The mortgage was a real-estate mortgage, given at the same time by said Wilson and wife-(Mary Wilson) to said Pears, to secure the payment of said note. On the back of said note the following words were indorsed, to wit: “June 1st,…
2Cases cited1 opinion
- Waterson v. KirkwoodSupreme Court of Kansas · 1876
3Cited by9 opinions
- Elder v. DyerSupreme Court of Kansas · 1881
- Christie v. ScottSupreme Court of Kansas · 1908
- Keagy v. the Wellington National BankSupreme Court of Oklahoma · 1902
- Liphart v. MyersSupreme Court of Kansas · 1916
- J. I. Case Threshing MacH. Co. v. RennieSupreme Court of Oklahoma · 1918
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