Opdyke v. Crawford
Supreme Court of Kansas
Error from Bourbon District Court. Foreclosure of mortgage, brought by Opdylce. The defendants were George A. Crawford, St. Louis Mutual Life Insurance Company, Risden Owen, Ira D. Bronson, Hap-good & Co., James Hart, and R. & J. S. McCord. The mortgage was given in July 1871, and the mortgaged property consisted of four unimproved lots in the city of Fort Scott. Crawford was the mortgagor.
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Error from Bourbon District Court. Foreclosure of mortgage, brought by Opdylce. The defendants were George A. Crawford, St. Louis Mutual Life Insurance Company, Risden Owen, Ira D. Bronson, Hap-good & Co., James Hart, and R. & J. S. McCord. The mortgage was given in July 1871, and the mortgaged property consisted of four unimproved lots in the city of Fort Scott. Crawford was the mortgagor. The other defendants were incumbrancers subsequent to the mortgage-lien in favor of Opdyke. Trial at May Term 1876. The court found the liens on the mortgaged property, and the priority thereof, as…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note and a real-estate mortgage. A personal judgment was rendered in favor of the plaintiff, George Opdyke, against the •defendant Crawford for the sum of $3,507, and the mortgaged property was ordered to be sold to satisfy this personal judgment. At the time this judgment was rendered there were taxes due on said mortgaged property amounting to $2,510, and the property itself was not worth more .than $3,800. The plaintiff asked that the mortgaged property be sold in accordance with law, that the taxes…
2Cases cited3 opinions
- Brown v. EvansSupreme Court of Kansas · 1875
- Easton v. . PickersgillNew York Court of Appeals · 1873
- Ketcham v. FitchOhio Supreme Court · 1862
3Cited by4 opinions
- Interstate Mortgage Trust Co. v. CunninghamSupreme Court of Oklahoma · 1920
- Kerr v. HoskinsonCourt of Appeals of Kansas · 1896
- Alexander v. ShonyoSupreme Court of Kansas · 1878
- Seaman v. HuffakerSupreme Court of Arkansas · 1878