Legal Opinion

Mitchell v. Skinner

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 14 opinions

Error from Leavenworth District Court. All necessary facts are stated in the opinion, infra. The district court, at the February Term 1875, on motion of Skinner and wife, defendants, set aside the levy of an execution on certain lands belonging to a daughter of defendants. Mitchell, plaintiff, appeals from such order, and brings the record here for review.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

„ , , of the case. On the 12th of February 1873, the defendants in error purchased a farm in Leavenworth county, consisting of 160 acres; in payment therefor they gave certain property in Lawrence, in this state, and executed a mortgage on the farm for $3,333. The defendants, being husband and wife, occupied the farm with their family as a homestead. On September 9th 1874, proceedings were commenced to foreclose the mortgage on the homestead. The defendants not having the money to pay off and satisfy the same, made an arrangement with one…

2Cases cited1 opinion

  1. Franklin v. ColleySupreme Court of Kansas · 1872

3Cited by14 opinions

  1. Hixon v. GeorgeSupreme Court of Kansas · 1877
  2. Richardson v. WarnerUnited States Circuit Court · 1886
  3. Kershaw v. WilleySupreme Court of Oklahoma · 1908
  4. Merchants National Bank v. KopplinCourt of Appeals of Kansas · 1895
  5. McCord, Brady & Co. v. BowenNebraska Supreme Court · 1897

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