Legal Opinion

Mitchell v. Aten

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 12 opinions

Error from,Osage District Court. Action to quiet- title to certain real estate. Judgment for plaintiff Aten at the August Term, 1885. The defendant Mitchell brings the case here. The opinion states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The facts in this case are substantially as follows: On November 23, 1858,William J. Turner was the owner of the real estate in controversy; upon that day he executed a mortgage upon the real estate to Henry Aten, to secure the payment of two hundred dollars, which mortgage was recorded on December 2,1858; upon the same day he conveyed to John N. Jefferson the real estate by warranty deed, which was recorded November 29, 1858. Henry Aten assigned his mortgage to C. M. Aten, who brought an action to foreclose the same and recovered…

2Cases cited1 opinion

  1. Town of Lyons v. CooledgeIllinois Supreme Court · 1878

3Cited by12 opinions

  1. Ex parte Howard-Harrison Iron Co.Supreme Court of Alabama · 1898
  2. Wilds v. StateSupreme Court of Florida · 1920
  3. State ex rel. Deck v. District CourtMontana Supreme Court · 1922
  4. Field v. OteroNew Mexico Supreme Court · 1930
  5. Rice ex rel. Jones v. BoltonSupreme Court of Iowa · 1905

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