Kirk v. Goodwin
Supreme Court of Kansas
Error from Wyandotte District Court. Prior to June 12, 1887, John G. Goodwin was .the owner of the site of Malvern Hill, Wyandotte county, in this state, subject to a mortgage in favor of John W. Green, from whom he had purchased the property. Goodwin and his associates laid out the tract of laud into lots, streets, and alleys, and called the same “Malvern Hill.”
Read the full summary
Error from Wyandotte District Court. Prior to June 12, 1887, John G. Goodwin was .the owner of the site of Malvern Hill, Wyandotte county, in this state, subject to a mortgage in favor of John W. Green, from whom he had purchased the property. Goodwin and his associates laid out the tract of laud into lots, streets, and alleys, and called the same “Malvern Hill.” Lee Settle, on the 12th of June, 1887, entered into an agreement with John G. Goodwin to purchase lots 43, 44, and 45, in Malvern Hill, for $3,275. Settle was to pay for the lots $2,175 in 60 days, and within the same time to…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
It appears from the record that Thomas A. Kirk and the various parties who have assigned to him their claims for material and labor had the opportunity, if they had any valid claims against John G. Goodwin, to recover personal judgments against him in the action brought by the Missouri Yalley Lumber Company against Lee Settle, John G. Goodwin, and others. They all filed answers and cross petitions in that case and recovered personal judgments against Lee Settle for all their claims, and also obtained a decree of foreclosure of their liens…
2Cases cited2 opinions
- Madden v. SmithSupreme Court of Kansas · 1882
- Bice v. Marquette Opera-House Building Co.Michigan Supreme Court · 1893
3Cited by1 opinion
- United Oil & Gas Co. v. AlbersonIndiana Court of Appeals · 1909