Thompson v. St. Joseph & Kansas Loan & Building Ass'n
Supreme Court of Kansas
Error from Marshall District Court. At the Decetnber Term, 1878, of the district court, the •court sustained the motion of the St. Joseph & Kansas Loan and Building Association to amend a certain judgment for Wm. Thompson and wife, and against said association, so as to decree the foreclosure of a mortgage given by the former to the latter. Thompson and wife bring the case to this •court. The facts sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This case has been once before to this court, and the judgment then rendered in the district court was affirmed. (Building Association v. Thompson, 19 Kas. 321.) The action was one brought by Thompson and wife to compel the defendant to cancel and deliver up a certain mortgage *210executed by them to the defendant. The plaintiffs claimed that only a certain amount was due, and tendered that amount. The defendant, claiming a large amount, answered, and asked a decree of foreclosure therefor. The ruling of the district court was in favor of the…
2Cases cited2 opinions
- Ferguson v. TuttSupreme Court of Kansas · 1871
- St. Joseph & Kansas Loan & Building Ass'n v. ThompsonSupreme Court of Kansas · 1877