Brown v. Baxter
Supreme Court of Kansas
Error from Marion district court; Oscar L. Moore, judge. STATEMENT. This is a suit by E. Baxter to recover judgment upon a -promissory note and to foreclose a real-estate mortgage given to secure the- same. The suit was commenced in the district court of Marion county June 20, 1906. The petition states fully the facts constituting plaintiff’s cause of action.
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Error from Marion district court; Oscar L. Moore, judge. STATEMENT. This is a suit by E. Baxter to recover judgment upon a -promissory note and to foreclose a real-estate mortgage given to secure the- same. The suit was commenced in the district court of Marion county June 20, 1906. The petition states fully the facts constituting plaintiff’s cause of action. The separate answer of the plaintiff in error admits the execution of the note and mortgage but denies generally the other allegations of the petition. This part of the answer is verified. There is also a plea of the statute of…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Three assignments of error have been made: (1) The plaintiff is not the owner of the note and mortgage or the real party in interest; (2) the cause of action is barred by the statute of limitations; (3) the court erred in the admission of evidence. It will be more convenient to consider these in'irregular order.
There are two depositions of Samuel Buchanan. One of them was objected to on the ground that it was not signed by the witness. There is an unsigned stipulation attached to it which apparently was intended to authorize the stenographer…
2Cases cited16 opinions
- Austin v. BeanSupreme Court of Alabama · 1894
- Bauserman v. CharlottSupreme Court of Kansas · 1891
- Musick v. BeebeSupreme Court of Kansas · 1876
- McGhee v. AlexanderSupreme Court of Alabama · 1893
- Foote v. FooteMichigan Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brent v. McDonaldSupreme Court of Kansas · 1956
- Miami County Nat. Bank of Paola, Kan. v. BancroftCourt of Appeals for the Tenth Circuit · 1941
- In Re Estate of BrasfieldSupreme Court of Kansas · 1950
- Brown v. BrownSupreme Court of Kansas · 1937
- Hoover v. Estate of HooverSupreme Court of Kansas · 1919
15 more not listed; retrieve them via the Exa API.