Legal Opinion

Warner v. Broquet

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 10 opinions

Error from Norton District Court. Action by Frederick W. Warner, as administrator, against Ernest Broquet and others, upon a promissory note, and to foreclose a mortgage securing the same. From a judgment for defendants, plaintiff brings error. The material facts appear in Broquet v. Warner, 43 Kas. 48. This case was before this court on a demurrer to plaintiff’s petition, and the judgment of the lower court was reversed.

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Error from Norton District Court. Action by Frederick W. Warner, as administrator, against Ernest Broquet and others, upon a promissory note, and to foreclose a mortgage securing the same. From a judgment for defendants, plaintiff brings error. The material facts appear in Broquet v. Warner, 43 Kas. 48. This case was before this court on a demurrer to plaintiff’s petition, and the judgment of the lower court was reversed. Broquet v. Warner, 43 Kas. 48. We challenge the correctness of that decision and ask for a reexamination of the questions involved therein. See Blackw. Tax Tit., § 143;…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This is the second time that this case has been in this court. (43 Kas. 48.) When the case was here before it was heard by the commission, and the opinion was prepared by Clogston, C. It was decided therein that the husband could obtain a tax title upon land in which his wife had an interest. It was intimated in the opinion that if the husband and wife were in possession of the premises, neither could obtain a tax title upon the property. There is sufficient evidence contained in the record showing that Ernest Broquet had actual…

2Cases cited3 opinions

  1. Burns v. ByrneSupreme Court of Iowa · 1876
  2. Fisher v. ConwaySupreme Court of Arkansas · 1878
  3. Broquet v. WarnerSupreme Court of Kansas · 1890

3Cited by10 opinions

  1. Nagle v. TiepermanSupreme Court of Kansas · 1907
  2. Lorimer v. FairchildSupreme Court of Kansas · 1904
  3. Peck v. AyresSupreme Court of Kansas · 1909
  4. Gereke v. Peoples BankSupreme Court of Kansas · 1948
  5. Herrin v. HenrySupreme Court of Arkansas · 1905

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