Short v. Nooner
Supreme Court of Kansas
Error from Neosho District Court. Foreclosure of mortgage executed by one Fletcher and wife, to secure a note executed by Fletcher alone. The petition was filed in April 1873. E. J. Nooner was joined with the Fletchers as a defendant. The only allegation in the petition relating to Nooner is copied in full in the opinion, infra.
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Error from Neosho District Court. Foreclosure of mortgage executed by one Fletcher and wife, to secure a note executed by Fletcher alone. The petition was filed in April 1873. E. J. Nooner was joined with the Fletchers as a defendant. The only allegation in the petition relating to Nooner is copied in full in the opinion, infra. At the July Term 1873 of the district court the following decree was entered: {Title.) “Now comes the plaintiff, by Allen & Allen, his attorneys, and the defendants Amanda M. Fletcher and E. J. Nooner having failed to answer or demur to the petition of the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by W. S. Short against Jonas L. Fletcher and wife, and E. J. Nooner, on a promissory note and mortgage. The petition shows that Fletcher executed the note; and that he and his wife executed the mortgage. The only allegation in the petition with respect to Nooner is as follows: “That the said defendant E. J. Nooner has or claims to have some interest in or lien upon said premises as described in said mortgage-deed, but plaintiff is ignorant of the nature and extent thereof, and does not know whether the said…
2Cases cited5 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Frost v. . KoonNew York Court of Appeals · 1864
- McCulloch v. DodgeSupreme Court of Kansas · 1871
- Drury v. ClarkNew York Supreme Court · 1857
- Lewis v. SmithNew York Supreme Court · 1851
3Cited by23 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Oklahoma City Land & Development Co. v. PattersonSupreme Court of Oklahoma · 1918
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Clay v. Hildebrand Bros.Supreme Court of Kansas · 1886
- Attaway v. WatkinsSupreme Court of Oklahoma · 1934
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