Holden v. Garrett
Supreme Court of Kansas
Error from Pottawatomie District Court. Action brought by Nina Garrett against Uriah Stephens and Martha J. Stephens, his wife, John Dial, John M. Wheeler, W. H. Ryus, and Howard M. Holden, upon a note, executed by the said Uriah Stephens, November 25,1869, payable in seven years and nine months after date, with interest at ten per cent, per annum, and to foreclose a mortgage given at the same time to secure the payment of said note, by the said Uriah Stephens and wife, upon…
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Error from Pottawatomie District Court. Action brought by Nina Garrett against Uriah Stephens and Martha J. Stephens, his wife, John Dial, John M. Wheeler, W. H. Ryus, and Howard M. Holden, upon a note, executed by the said Uriah Stephens, November 25,1869, payable in seven years and nine months after date, with interest at ten per cent, per annum, and to foreclose a mortgage given at the same time to secure the payment of said note, by the said Uriah Stephens and wife, upon certain real estate situated in the county of Pottawatomie. The other defendants were made parties for the purpose of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The contest in this case is between one who claims under the lien of an execution levy, and the holder of *107a prior but unrecorded mortgage. The judgment was in a county other than that in which the land was situate, and was rendered long after the execution of the mortgage. The levy was made before, but the sale not till after, the record of the mortgage. There was no actual notice of the existence of this mortgage. On the one side it is claimed that by virtue of §21, ch. 22, Gen. Stat., p. 187, which reads as follows: “No such instrument in…
2Cases cited18 opinions
- McNitt v. TurnerSupreme Court of the United States · 1873
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Choteau v. JonesIllinois Supreme Court · 1849
- Bemis v. BeckerSupreme Court of Kansas · 1862
- Reed v. OwnbySupreme Court of Missouri · 1869
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3Cited by37 opinions
- Saylor v. CrookerSupreme Court of Kansas · 1916
- Postlethwaite v. EdsonSupreme Court of Kansas · 1917
- Smith v. WorsterSupreme Court of Kansas · 1898
- Hunter v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1912
- Dawson v. McCartyWashington Supreme Court · 1899
32 more not listed; retrieve them via the Exa API.