Jenness v. Cutler
Supreme Court of Kansas
Error from Franklin District Court. Action by Cutler to foreclose a mortgage given by Jenness and wife to secure the payment of the following note: “$1,650. Ottawa, Kansas, Nov. 3, 1870. One year after date I promise to pay to the order of William E. Haxton sixteen hundred and fifty dollars, value received, payable at the Banking-House of P. P. Elder & Co., Ottawa, with interest at the rate of 12 per cent, per annum after maturity, until paid. Richard Jenness.”
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Error from Franklin District Court. Action by Cutler to foreclose a mortgage given by Jenness and wife to secure the payment of the following note: “$1,650. Ottawa, Kansas, Nov. 3, 1870. One year after date I promise to pay to the order of William E. Haxton sixteen hundred and fifty dollars, value received, payable at the Banking-House of P. P. Elder & Co., Ottawa, with interest at the rate of 12 per cent, per annum after maturity, until paid. Richard Jenness.” The action was tried at the March Term 1873 of the district court. The court made separate findings of fact and conclusions of law.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a note and mortgage. The note was given by Richard Jenness to William E. Haxton, and assigned by Haxton after due to Joseph M. Cutler. The mortgage was given by said Richard Jenness .and his wife Sybil Jenness to said Haxton to secure the payment of said note. The note called for $1,650, was dated November 3, 1870,' was due one year after date, and drew interest at the rate of twelve per cent, per annum after maturity. The mortgage was given on property belonging to Richard Jenness, and occupied by himself and wife…
2Cases cited32 opinions
- State v. CrawfordSupreme Court of Kansas · 1873
- Burke v. CrugerTexas Supreme Court · 1852
- State v. BoyleSupreme Court of Kansas · 1872
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Ives v. BosleyCourt of Appeals of Maryland · 1872
27 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Douglass v. LoftusSupreme Court of Kansas · 1911
- Ayres v. ProbascoSupreme Court of Kansas · 1875
- Marshall v. BeelerSupreme Court of Kansas · 1919
- Rouse v. RouseSupreme Court of Kansas · 1907
- Challiss v. McCrumSupreme Court of Kansas · 1879
33 more not listed; retrieve them via the Exa API.