McNamara v. Culver
Supreme Court of Kansas
Error from Atchison District Court. Action brought by Culver against McNamara for forcible detainer, the plaintiff alleging in his complaint the wrongful detention by the defendant of lot 5, in block 11, in the city of Atchison, and claiming ownership, etc.
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Error from Atchison District Court. Action brought by Culver against McNamara for forcible detainer, the plaintiff alleging in his complaint the wrongful detention by the defendant of lot 5, in block 11, in the city of Atchison, and claiming ownership, etc. The defendant made a duly verified answer to the complaint, denying the plaintiff’s ownership and right to the possession of the premises, and setting up that he was the legal and equitable owner of the same, and that the premises then were, and that the same had been for more than eight years last past, the homestead of the defendant and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of forcible detainer, tried by the court without a jury. Special findings of fact were made, and judgment entered in favor of the plaintiff. As ■only a portion of the testimony is preserved, we must look to the findings to see whether they support £he judgment. And upon 'them the question is, whether the deed and an agreement to reconvey, which were executed by the parties, •constituted simply a mortgage. It appears that Culver held a mortgage past due, and commenced suit in foreclosure. While this action was pending, the…
2Cases cited17 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Glover v. PaynNew York Supreme Court · 1838
- Hughes v. DavisCalifornia Supreme Court · 1870
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Babcock v. D. Deford & Co.Supreme Court of Kansas · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Voris v. RobbinsSupreme Court of Oklahoma · 1915
- Shaner v. Rathdrum State BankIdaho Supreme Court · 1916
- Hoyt v. Union National Bank of WichitaSupreme Court of Kansas · 1924
- Holden Land & Live Stock Co. v. Inter-State Trading Co.Supreme Court of Kansas · 1912
- McDonald v. StilesSupreme Court of Oklahoma · 1898
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