Fisher v. Cowles
Supreme Court of Kansas
Error from, Wilson District Court. Action brought by Cowles against Fisher and others, upon a promissory note, and to foreclose a mortgage given to secure its payment. The defendants, Fisher and two others, filed a general demurrer to plaintiff’s reply, which the court overruled. This ruling they have brought here for review. Trial by the court at the May term, 1886, and judgment for defendants. The plaintiff brought the case here. The material facts appear in the opinion.
Read the full summary
Error from, Wilson District Court. Action brought by Cowles against Fisher and others, upon a promissory note, and to foreclose a mortgage given to secure its payment. The defendants, Fisher and two others, filed a general demurrer to plaintiff’s reply, which the court overruled. This ruling they have brought here for review. Trial by the court at the May term, 1886, and judgment for defendants. The plaintiff brought the case here. The material facts appear in the opinion. By agreement of parties the two cases were submitted together.
1Opinion of the Court
Opinion by
Holt, C.:
This action was commenced by J. Rockwell Cowles, as plaintiff, upon a negotiable promissory note, and to foreclose a mortgage given to secure the same, on the north half of the southeast quarter and the south half of the northeast quarter of section 17, township 29 south, of range 16, in Wilson county. They were executed by Gertrude L. Webster, and the petition alleges that Paul Fisher, Benj. Seem, Mary Seem, et al., set up some claim of ownership to the premises described in the mortgage, the precise nature of which is unknown to the plaintiff, but he avers that whatever…
2Cases cited4 opinions
- Wickersham v. Chicago Zinc Co.Supreme Court of Kansas · 1877
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Lewis v. KirkSupreme Court of Kansas · 1882
- O'Neill v. DouthittSupreme Court of Kansas · 1889
3Cited by12 opinions
- Harris v. ReedIdaho Supreme Court · 1912
- State ex rel. Com'rs of Land Office v. ReynoldsSupreme Court of Oklahoma · 1949
- Provident Loan Trust Co. v. MarksSupreme Court of Kansas · 1898
- Banister v. FallisSupreme Court of Kansas · 1911
- Hildebrandt v. HildebrandtCourt of Appeals of Kansas · 1984
7 more not listed; retrieve them via the Exa API.