Legal Opinion

Stewart v. Clark

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 1 opinion

Error from Marshall District Gov/rt. Stewart brought his action to foreclose a mortgage executed by Glarh and wife. The mortgage contained a stipulation that all “ incumbrances ” on the land were to be paid before any further payments were to be made on the mortgage. The defense was that certain road taxes assessed on the land were unpaid. The action was tried at the April Term, 1871. Judgment for the defendants. Stewart brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

The plaintiff in error brought his action on a note and mortgage. The mortgage contained this clause: “ The mortgage to one Steele, and all other incumbrances, if any, on said land are to be fully paid and removed from said land by said E. Stewart, his heirs or assigns, before any further payments are to be made on this note and mortgage.”

The only question for decision was whether there was any incumbrance on the land. The taxes for 1862 were all paid except twenty-five cents road tax. The defendants having shown that fact, rested; and…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Long v. MolerOhio Supreme Court · 1855
  2. Hutchins v. MoodySupreme Court of Vermont · 1858
  3. Mitchell v. PillsburyWisconsin Supreme Court · 1856

3Cited by1 opinion

  1. Brown v. EvansSupreme Court of Kansas · 1875

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