Ray v. National Bank
Court of Appeals of Kansas
Error from Wyandotte district court; Henry L. Alden, judge. STATEMENT. The defendant in error had a personal judgment against Ray, and a decree for the foreclosure of a mortgage, with a stay of six months under the statute.
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Error from Wyandotte district court; Henry L. Alden, judge. STATEMENT. The defendant in error had a personal judgment against Ray, and a decree for the foreclosure of a mortgage, with a stay of six months under the statute. The plaintiff in error, before sale under the decree, filed a supplemental answer, in which he prayed the court to determine the rights of the parties respecting certain insurance moneys, pledged for the payment of the judgment after its rendition, there having arisen a controversy in respect to the amount thereof to which Ray was entitled as credit upon the judgment.…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J.:
The record does not sustain either the first or third assignment of error. The plaintiff in error w'as ultimately permitted to introduce all the evidence which is the "basis of the first assignment, but offered none under the third assignment. Under the second assignment of error, it is contended by the plaintiff in error that the transfer of the insurance policy, taken out and held by Ray, to the defendant in error, was to be taken as an absolute payment of the amount thereof, namely, $800. It was contended on behalf of the defendant in…
2Cases cited1 opinion
- McCrossen v. HarrisSupreme Court of Kansas · 1886