Chipman v. Carroll
Supreme Court of Kansas
Error from Miami District Court. ON June 2, 1887, Frank 8. Carroll and . wife exécuted a note and mortgage for $1,500 to Daniel L. Chipman, and on the same day executed a second note and mortgage for $500 to Ephraim Mower. The land described in the mortgages then constituted the homestead of Frank S. Carroll, and the title to the same was in him.
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Error from Miami District Court. ON June 2, 1887, Frank 8. Carroll and . wife exécuted a note and mortgage for $1,500 to Daniel L. Chipman, and on the same day executed a second note and mortgage for $500 to Ephraim Mower. The land described in the mortgages then constituted the homestead of Frank S. Carroll, and the title to the same was in him. The mortgage to Chipman contained the following clause: “But if default be made in such payment, or any part thereof, or interest thereon, or the taxes, or if the insurance is not kept up thereon, then this conveyance shall become absolute.” Frank S.…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
The judgment upon the mortgage of Prank S. Carroll and wife to Daniel L. Chipman was rendered November 27,1889, for $1,636.64. The insurance policy which is involved in this case was obtained by Frank S. Carroll on March 29, 1890. The dwelling was burned and loss occurred on the 13th of April, 1890. The judgment rendered has not been paid or satisfied in whole or in part. The insurance company issuing the policy admitted that it was ready to pay $1)200, due under the policy, to the party entitled to receive it.
1' mortgaged011 premises—…
2Cases cited3 opinions
- Stearns v. Quincy Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
- Miller v. AldrichMichigan Supreme Court · 1875
- Ames v. RichardsonSupreme Court of Minnesota · 1882
3Cited by17 opinions
- Nelson v. Nelson Neal Lumber Co.Washington Supreme Court · 1932
- Kirkpatrick v. Great American Ins.Court of Appeals of Texas · 1927
- Brainard v. RogersCalifornia Court of Appeal · 1925
- Butson v. MiszOregon Supreme Court · 1916
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
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