Andrews v. Alcorn
Supreme Court of Kansas
Error from Bourbon District Court. Foreclosure of mortgage, brought by Robert Hamilton, in his lifetime. Hamilton sold the mortgaged premises to Amey Andrews, a married woman, and she gave him her two notes, each for $400, one payable February 14, 1873, and the other February 14, 1874, and executed a mortgage on said lands to secure said notes. The action was commenced in May, 1873, against said Amey alone.
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Error from Bourbon District Court. Foreclosure of mortgage, brought by Robert Hamilton, in his lifetime. Hamilton sold the mortgaged premises to Amey Andrews, a married woman, and she gave him her two notes, each for $400, one payable February 14, 1873, and the other February 14, 1874, and executed a mortgage on said lands to secure said notes. The action was commenced in May, 1873, against said Amey alone. Afterward Jacob Andrews, the husband, was joined as a co-defendant, at his request. Before the trial Hamilton died, and Alcorn, as administrator, was substituted. The opinion of the court…
1Opinion of the Court
The opinion of the court was .delivered by
Valentine, J.:
1.Attaching copies of notes. This was an action on two promissory notes and a mortgage. The judgment was in favor of the plaintiff, and the defendants now bring the case to this court. The petition did not contain a copy of either of the notes or the mortgage; no copy of either was attached to OT 1 • r 1 .V 1 or filed with the petition, and no reason was given why such copies were not furnished. (Code, §§ 118, 123.) But as no question was raised in the court below as to the necessity for such copies, and as no ruling of the court below…
2Cases cited2 opinions
- Bullene v. HiattSupreme Court of Kansas · 1873
- Pratt v. Topeka BankSupreme Court of Kansas · 1874
3Cited by16 opinions
- Fibikowski v. FibikowskiSupreme Court of Oklahoma · 1939
- Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
- Prout v. BurkeNebraska Supreme Court · 1897
- Ambrose v. ParrottSupreme Court of Kansas · 1882
- Hawthorne v. Protective Ass'n of AmericaSupreme Court of Kansas · 1922
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