Rand v. Fort Scott, Wichita & Western Railway Co.
Supreme Court of Kansas
Error from McPherson District Court. Action to foreclose a mortgage. Judgment for the defendant Railway Company, at the January term, 1889. Plaintiff, Rand, comes to this court. The opinion states the facts. The railroad company abandoned its proceedings for the condemnation of the right-of-way across the Sterling property. By this abandonment and the acceptance of this deed of general warranty, it took its title subject to the plaintiff’s lien under her mortgage.
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Error from McPherson District Court. Action to foreclose a mortgage. Judgment for the defendant Railway Company, at the January term, 1889. Plaintiff, Rand, comes to this court. The opinion states the facts. The railroad company abandoned its proceedings for the condemnation of the right-of-way across the Sterling property. By this abandonment and the acceptance of this deed of general warranty, it took its title subject to the plaintiff’s lien under her mortgage. In this conveyance John Sterling and Eliza M. Sterling covenanted and agreed that they were the lawful owners of the premises…
1Opinion of the Court
Opinion by
Simpson, C.:
This is an action by Raud against Sterling and wife and the St. Louis, Fort Scott & Wichita Railway Company, to obtain a judgment for balance due on a promissory note, and to foreclose a mortgage securing said note on certain lots in Castle’s addition to the city of McPherson. It appearing that the St. Louis, Fort Scott & Wichita Railway Company had sold all its franchises to the Fort Scott, Wichita & Western Railway Company, the latter corporation was made a party, and filed an answer alleging that in September, 1886, the St. Louis, Fort Scott & Wichita Company…
2Cases cited2 opinions
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
- Simonton v. GraySupreme Judicial Court of Maine · 1852
3Cited by6 opinions
- Federal Land Bank v. State Highway CommissionSupreme Court of Kansas · 1939
- Zuege v. Nebraska Mortgage Co.Supreme Court of Kansas · 1914
- Hull v. CronkAppellate Division of the Supreme Court of the State of New York · 1900
- Carson v. FulbrightSupreme Court of Kansas · 1909
- Sanford v. ScottNebraska Supreme Court · 1920
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