Vercruysse v. Williams
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. On November 25, 1889, George ,T. Williams, the appellee, exhibited an original bill of complaint against Horace H. Hagan and Arthur Vercruysse for the purpose of foreclosing a mortgage on a hertain tract of land situated in the county of Pottawatomie, Kan., -which was executed by Horace H. Hagan on July 1, 1884. The original bill averred that the mortgage loan was made by Lucas It.
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Appeal from the Circuit Court of the United States for the District of Kansas. On November 25, 1889, George ,T. Williams, the appellee, exhibited an original bill of complaint against Horace H. Hagan and Arthur Vercruysse for the purpose of foreclosing a mortgage on a hertain tract of land situated in the county of Pottawatomie, Kan., -which was executed by Horace H. Hagan on July 1, 1884. The original bill averred that the mortgage loan was made by Lucas It. Williams, but that the indebtedness was subsequently assigned to George ,T. Williams, the complainant below; that the debt became due…
1Opinion of the CourtThayer, Circuit Judge
After a careful perusal of the evidence, we have no doubt whatever that the mortgage in favor of Eucas R. Williams, the plaintiff’s *208assignor, was executed by Hagan, the mortgagor, and received by Williams, the original mortgagee, under a mutual mistake of fact. These parties had been partners in the ranching business, and while engaged in that business had occupied section 31 of township 8, range 12, in Pottawatomie county, Kan., which belonged to Hagan. On July 1, 1884, Plagan bought a herd of horses from Williams on credit for the sum of $7,000, executing a note therefor, and agreeing to…
2Cases cited8 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Roan v. WinnSupreme Court of Missouri · 1887
- Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Mettart v. AllenIndiana Supreme Court · 1894
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