Shattuck v. Belknap Savings Bank
Supreme Court of Kansas
Error from Harvey district court; M. P. Simpson, judge. STATEMENT. This was an action in foreclosure by the BelknapSavings Bank against Elliott E. Pollard, Sarah E. Pollard, Sarah G. Shattuek, and others.
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Error from Harvey district court; M. P. Simpson, judge. STATEMENT. This was an action in foreclosure by the BelknapSavings Bank against Elliott E. Pollard, Sarah E. Pollard, Sarah G. Shattuek, and others. The facts, in substance, are as follows : On the. 1st day of February, 1887, defendants Elliott E. and Sarah E. Pollard made to one E. M. Sheldon their promissory note in the sum of $1600, due five years after date, with interest at seven per cent., payable semiannually, and a trust deed to the ICansas Loan and Trust Company, of even date, on certain real estate in the city of Newton, to…
1Opinion of the Court
*446The opinion of the court was delivered by
Pollock, J. :
Two contentions are made by counsel for plaintiff in error to work a reversal of the judgment below: (1) That the taking of the quitclaim deed by the bank operated to merge the mortgage held by it in the legal'title so taken, and thus gave priority to the mortgage of plaintiff in error; (2) that the agreement made by the bank to receive the conveyance of the mortgaged premises and release mortgagors from any deficiency judgment that might remain after exhausting the mortgaged premises operated in equity to create the mortgage of plaintiff…
2Cases cited12 opinions
- Overholser v. ClarkTennessee Supreme Court · 1850
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Richardson v. HockenhullIllinois Supreme Court · 1877
- Coburn v. StephensIndiana Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Flott v. Wenger Mixer Manufacturing Co.Supreme Court of Kansas · 1961
- Williams v. BrickerSupreme Court of Kansas · 1910
- Heston v. FinleySupreme Court of Kansas · 1925
- Manhattan State Bank v. Wamego State BankSupreme Court of Kansas · 1918
- Stacey v. TuckerSupreme Court of Kansas · 1927
8 more not listed; retrieve them via the Exa API.