Dusenbery v. Bidwell
Supreme Court of Kansas
Appeal from Kiowa district court. STATEMENT. Action for redemption from an alleged mortgage, which was, in form, an absolute deed, in which ap-pellee asked to have the amount of the .mortgage debt determined and that he be allowed to redeem the land upon payment of the amount due, and that thereupon he be decreed to have the legal and equitable title to the land.
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Appeal from Kiowa district court. STATEMENT. Action for redemption from an alleged mortgage, which was, in form, an absolute deed, in which ap-pellee asked to have the amount of the .mortgage debt determined and that he be allowed to redeem the land upon payment of the amount due, and that thereupon he be decreed to have the legal and equitable title to the land. Upon testimony offered the court made the following findings of fact and conclusions of law: “findings of fact.' “That upon and prior to August 22nd, 1894', the' plaintiff George W. Dusenbery was the owner in fee of the lands…
1Opinion of the Court
The opinion of the court .was delivered by
Johnston, C. J.:
The instrument executed by George W. Dusenbery to George H. Bidwell, on August 22, 1894, was a deed, absolute on its face, and its purpose and effect are the principal points of dispute between the parties. It is contended by appellants that the agreement made when the instrument was executed was an attempt to create an express trust which, under the statute, can not be created by a parol agreement; while appellee insists that the instrument was understood and intended by the parties to be a mere security for the payment of a debt due…
2Cases cited16 opinions
- Moore v. WadeSupreme Court of Kansas · 1871
- Donaldson v. JacobitzSupreme Court of Kansas · 1903
- Harris v. DefenbaughSupreme Court of Kansas · 1910
- R. L. McDonald & Co. v. KelloggSupreme Court of Kansas · 1883
- Duffitt v. TuhanSupreme Court of Kansas · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Shell v. StrongCourt of Appeals for the Tenth Circuit · 1945
- Malone v. YoungSupreme Court of Kansas · 1938
- McGill v. McGillSupreme Court of Kansas · 1917
- City of Hutchinson v. HutchinsonSupreme Court of Kansas · 1914
- Wright v. JenksSupreme Court of Kansas · 1927
14 more not listed; retrieve them via the Exa API.