McKinnis v. Scottish American Mortgage Co.
Supreme Court of Kansas
Error from Rice District Court. ON the 19th of February, 1884, John McKinnis commenced his action against John W. McAnuIty, to recover the possession of 160 acres of land, described as follows : The southwest quarter of section 5 in township 20 south of range 8, in Rice county; and also to recover $2,000 for rents and profits.
Read the full summary
Error from Rice District Court. ON the 19th of February, 1884, John McKinnis commenced his action against John W. McAnuIty, to recover the possession of 160 acres of land, described as follows : The southwest quarter of section 5 in township 20 south of range 8, in Rice county; and also to recover $2,000 for rents and profits. Trial had on the 25th of September, 1889. After the evidence had all been introduced, the court continued the case for argument until the 28th of February, 1890, and after the argument of counsel, the court made and filed the following conclusions of fact': "1. That on…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J. :
After this cause was argued and submitted to this court, John W. McAnulty, defendant below, asked permission to confess the alleged errors. Thereupon The Scottish Mortgage Company filed its application to be substituted as defendant in error, and showed that, under a foreclosure sale of a mortgage executed by McAnulty and wife upon the premises in dispute, the company had become the purchaser and owner of the property during the pend-ency of this proceeding in this court; that through such foreclosure sale the former title and interest…
2Cases cited3 opinions
- Mellison v. AllenSupreme Court of Kansas · 1883
- Coughlin v. CoughlinSupreme Court of Kansas · 1881
- Weeks v. WhiteSupreme Court of Kansas · 1889
3Cited by4 opinions
- Smith v. LoveSupreme Court of Florida · 1905
- Wichita Duntile Co. v. WrightSupreme Court of Kansas · 1930
- Gilmer v. School Dist. No. 26, Noble CountySupreme Court of Oklahoma · 1913
- Baker v. Northwest Building & Investment Co.Washington Supreme Court · 1903