Curtis v. Buckley
Supreme Court of Kansas
M’ror from, Crawford District Court. Fokeclosure, brought by Buckley against Curtis. Trial, and judgment in favor of Buckley, at the May Term 1873, for $289.20, (including $17.80 protest damages,) and that if said sum be not paid, etc., the mortgaged premises be sold, etc. Curtis brings the case here. The facts are fully stated in the opinion.
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M’ror from, Crawford District Court. Fokeclosure, brought by Buckley against Curtis. Trial, and judgment in favor of Buckley, at the May Term 1873, for $289.20, (including $17.80 protest damages,) and that if said sum be not paid, etc., the mortgaged premises be sold, etc. Curtis brings the case here. The facts are fully stated in the opinion. The petition of Buckley, defendant in error, evidently intended to state two distinct and separate causes of action — the first for a recovery of a money judgment upon the promissory note set forth in the petition, and the second, to avail himself of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note, and to foreclose a certain supposed equitable lien on certain real estate. The principal question involved in the case is, whether any such lien has any actual existence. Some other questions however are suggested by counsel which we shall also consider.
I. Upon the point made by counsel for plaintiff in error *455(defendant below) that, there were two causes of action attempted to be stated in. the petition of the plaintiff below, while only one was in fact stated, and that the court below erred in…
2Cases cited3 opinions
- Stevens v. ChadwickSupreme Court of Kansas · 1872
- Andrews v. AlcornSupreme Court of Kansas · 1874
- Noyes v. WhiteSupreme Court of Kansas · 1872
3Cited by10 opinions
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Kuhn v. FreemanSupreme Court of Kansas · 1875
- Incorporated Town of Sallisaw v. ChappelleSupreme Court of Oklahoma · 1918
- Lavin v. LynchMichigan Supreme Court · 1918
- Rogers' Milling Co. v. Goff, Gamble & Wright Co.Supreme Court of Oklahoma · 1915
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