Dresser v. Wood
Supreme Court of Kansas
Error from Jefferson District Court. Two mortgages on the same tract of land lying in Jefferson county were executed by John Branscom and wife, the owners — one to John W. Wood, for $2,750, dated October 11th 1867; the other, to Warner, Mowry & Hawkins, copartners, for $4,348, dated October 31st 1871. In the mortgage to Wood, the land was described as the “ S.W.J of Section 12, Township 11, of Eange 17,” etc.
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Error from Jefferson District Court. Two mortgages on the same tract of land lying in Jefferson county were executed by John Branscom and wife, the owners — one to John W. Wood, for $2,750, dated October 11th 1867; the other, to Warner, Mowry & Hawkins, copartners, for $4,348, dated October 31st 1871. In the mortgage to Wood, the land was described as the “ S.W.J of Section 12, Township 11, of Eange 17,” etc. In the mortgage to Warner, Mowry & Hajvkins, it was described as the “S.W.J of survey 12, of the lands known as the Kaw half-breed Indian lands,” etc. On the 4th of November 1871, an…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1. service of howm°adSe;;
*357 copyneea not wimtindorsements are required.
2. second sercation.
*358 3. Finding of service.
*356This was an action brought by Dresser against John Branscom, Martha Branscom, and John W. Wood, to foreclose a certain mortgage. The real contest however is between Dresser and Wood. Each is the owner of a mortgage given by the Branscoms upon the same land, and each claims priority of lien. Wood’s mortgage was executed first; but as a mistake was made .in describing the mortgaged property, Dresser’s mortgage would seem to take…
2Cases cited1 opinion
- Stevens v. ThompsonSupreme Court of Kansas · 1870
3Cited by13 opinions
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- Smith v. KimballSupreme Court of Kansas · 1887
- Everston v. Central Bank of KansasSupreme Court of Kansas · 1885
- Kansas Pacific Railway Co. v. TaylorSupreme Court of Kansas · 1877
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