Legal Opinion

Wallace v. Travelers' Insurance

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 13 opinions

Error from Crawford District Court. ■ Action by The Travelers’ Insurance Company and others against Georgia P. Wallace, on promissory notes and to foreclose mortgages. Judgment for plaintiffs, and defendant brings error.

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Error from Crawford District Court. ■ Action by The Travelers’ Insurance Company and others against Georgia P. Wallace, on promissory notes and to foreclose mortgages. Judgment for plaintiffs, and defendant brings error. The facts sufficiently appear in the opinion herein, filed December 8, 1894. The mortgage, executed in the manner and form as it is set out in the petition, is not sufficient to evidence the joint consent of husband and wife to the alienation of the homestead, as required by § 9, article 15, of the constitution of the state. The alienation of such homestead after it has once…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This was an action to recover upon promissory notes, and to foreclose two mortgages executed by James D. Wallace, and Georgia P. Wallace, by her attorney in fact, James D. Wallace, one of which mortgages was owned *445by the Travelers’ Insurance Company, and the other by Angelí Matthewson & Co. The insurance company recovered a judgment against the Wallaces for $1,852, and Angelí Matthewson & Co. recovered a judgment for $170. The mortgages were foreclosed, and it was decreed that the property should be sold, and the proceeds applied, first,…

2Cases cited7 opinions

  1. Ott v. SpragueSupreme Court of Kansas · 1882
  2. Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
  3. Gagliardo v. DumontCalifornia Supreme Court · 1880
  4. Munger v. BaldridgeSupreme Court of Kansas · 1889
  5. Patton v. KingTexas Supreme Court · 1863

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Keeline v. ClarkSupreme Court of Iowa · 1906
  2. Watson v. WatsonSupreme Court of Kansas · 1920
  3. Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
  4. Hawkins v. CorbitSupreme Court of Oklahoma · 1921
  5. Long v. TalleySupreme Court of Oklahoma · 1921

8 more not listed; retrieve them via the Exa API.

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