Foreman v. Carter
Supreme Court of Kansas
Error from Atchison District Court. In 1859 John T. Scott owned a half-section of land which he mortgaged to Foreman. Afterward, and in the same year, Scott sold and conveyed by deed one quarter-section of said land to Joseph J. Carter, the mortgage thereon not being paid or discharged.
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Error from Atchison District Court. In 1859 John T. Scott owned a half-section of land which he mortgaged to Foreman. Afterward, and in the same year, Scott sold and conveyed by deed one quarter-section of said land to Joseph J. Carter, the mortgage thereon not being paid or discharged. In July 1862 Foreman brought his action to foreclose said mortgage, making said Scott, and Carter, and one George R. Jacobs, defendants, as nonresidents and absentees from the state, and obtained constructive service upon all of them by publication. Judgment of foreclosure and sale was rendered, and the…
1Opinion of the Court
'The opinion of the court was delivered by
Brewer, J.:
On the 18th of July, 1862, Foreman brought .•suit in the district court of Atchison county to foreclose a mortgage given by Scott. He alleged that the other defend■ants claimed some interest, and asked that, their interest be foreclosed. An affidavit for publication was filed, publication had, a decree rendered, and sale made. Morgan Osborn became the purchaser at the sale. The decree was rendered •on the 27th of September 1862, and the sale made on the 6th of March 1863. On the 17th of February 1871 Joseph J. Carter, one of the defendants,…
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3Cited by51 opinions
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