Legal Opinion

New England Mortgage Security Co. v. Smith

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 7 opinions

Error from Labette District Court. Action brought by the New England Mortgage Security Company against Smith and three others, upon a note and mortgage. Judgment for the plaintiff, at the November Term, 1879, of the district court. At the November Term, 1880, the court made an order setting aside a sale made by the sheriff, and permitting the defendants, upon certain conditions, to redeem. The Company brings the case here. The opinion states the facts.

1Opinion of the Court

*623The opinion of the court was delivered by

HortoN, C. J.:

This is a proceeding to review an order of the district court for Labette county, setting, aside a sale made by the sheriff of that county, and permitting defendants to redeem upon payment of the amount of the judgment, interest and costs.

The facts disclosed by the record are: That on November 21st, 1879, judgment was entered in the court below against the defendant, Thomas Smith, and in favor of the plaintiff* for the sum of $769.31, with interest at the rate of ten per cent, per annum, and costs taxed at $24; it was further decreed that…

2Cases cited5 opinions

  1. White-Crow v. White-WingSupreme Court of Kansas · 1865
  2. Kœhler v. BallSupreme Court of Kansas · 1863
  3. Dewey v. LinscottSupreme Court of Kansas · 1878
  4. Moore v. PyeSupreme Court of Kansas · 1872
  5. Challiss v. WiseSupreme Court of Kansas · 1863

3Cited by7 opinions

  1. Payne v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1900
  2. Cowdin v. CowdinSupreme Court of Kansas · 1884
  3. McCredie v. Dubuque Fire & Marine InsuranceSupreme Court of Oklahoma · 1915
  4. Johnson v. LindsaySupreme Court of Kansas · 1882
  5. Streets v. StephensSupreme Court of Oklahoma · 1942

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