Legal Opinion

Phillips v. Love

Court of Appeals of Kansas

Decided September 5, 1896No. 136Published

Memorandum. — Error from Cowley district court; M. G. Troup, judge. Action by J. Mack Love, William Upton, and Eliza Hill, as executors of the last will and testament of James Hill, deceased, against LaQuincy Phillips and LaQuincy Phillips and Edward D. Keys, as administrators of the estate of James Phillips, deceased, to set aside a judicial sale and sheriff’s deed. Judgment for plaintiffs. Defendants bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Johnson, P. J. :

On March 1, 1889, James Phillips commenced an action in the district court of Cowley county upon two promissory notes for $650 each against Aaron H. Harnley, Martha J. Harnley, and *444James Hill. Each of these notes had been made by Aaron H. Harnley and Martha J. Harnley in favor.of James Hill, and had been sold 1yj him to the plaintiff, James Phillips, and indorsed in blank. TheHarn- • leys, being husband and wife, had given a mortgage to secure these notes to James Hill, and at the time the notes were indorsed by Hill to the plaintiff in…

2Cases cited5 opinions

  1. Weeks v. MedlerSupreme Court of Kansas · 1877
  2. M. K. & T. Railway Co. v. RoachSupreme Court of Kansas · 1877
  3. Tripp & Moore Boot & Shoe Co. v. MartinSupreme Court of Kansas · 1891
  4. Missouri, Kansas & Texas Railway Co. v. GreenwoodCourt of Appeals of Kansas · 1895
  5. Safford v. TurnerSupreme Court of Kansas · 1894

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