Courtney v. Staudenmayer
Supreme Court of Kansas
Error from Atchison District Court. On July 17,1858, L. R. Staudenmayer, sr., a single man and a resident of Atchison, Kan., executed and delivered to William C. Courtney a mortgage on the southeast i of section 26, township 5, range 20, in Atchison county, to secure four promissory notes for $500 each, payable to the order of said William C. Courtney at the Bank of Charleston, in Charleston, S. C., the last of the same being due October 1, 1859. On November 16, 1858, said…
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Error from Atchison District Court. On July 17,1858, L. R. Staudenmayer, sr., a single man and a resident of Atchison, Kan., executed and delivered to William C. Courtney a mortgage on the southeast i of section 26, township 5, range 20, in Atchison county, to secure four promissory notes for $500 each, payable to the order of said William C. Courtney at the Bank of Charleston, in Charleston, S. C., the last of the same being due October 1, 1859. On November 16, 1858, said L. R. Staudenmayer, sr., married Elizabeth L. Conner, of Charleston, S. C., a daughter of Henry W. Conner, and a niece of…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.
•: A period of 27 years elapsed from the maturity of the last note and the indorsement of interest paid thereon before any attempt was made to recover upon the indebtedness, or to foreclose the mortgage, yet the action was not barred by our Kansas statute of limitations because of the non-residence and absence of the defendants (Civil Code, § 21), and the South Carolina statute was not pleaded. At the common law a presumption of payment arises after the lapse of 20 years, and the principal question in this case is whether such presumption…
2Cases cited5 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Piatt v. VattierSupreme Court of the United States · 1835
- McKnight v. TaylorSupreme Court of the United States · 1843
- Bean v. . TonneleNew York Court of Appeals · 1884
- Kellogg v. DickinsonMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Marshall v. BeelerSupreme Court of Kansas · 1919
- Kahm v. KlausSupreme Court of Kansas · 1902
- Heisel v. YorkNew Mexico Supreme Court · 1942
- Jones v. HammondSupreme Court of Kansas · 1925
- Doty v. ConeSupreme Court of Kansas · 1911
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