Jones v. Lapham
Supreme Court of Kansas
Error from Allen District Court. Eokeclosuke of mortgage, brought by Lapham against , Etta Jones and Maggie Murray. The mortgage was executed by W. H. Hull, who never had the legal title to the mortgaged premises, but only an equitable title under a bond for a deed. .A decree of foreclosure, and for the sale of the mortgaged premises, was entered at the March Term 1874. The defendants bring the case here on error. 1. If Hull had only an equitable title, he ctrald by his…
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Error from Allen District Court. Eokeclosuke of mortgage, brought by Lapham against , Etta Jones and Maggie Murray. The mortgage was executed by W. H. Hull, who never had the legal title to the mortgaged premises, but only an equitable title under a bond for a deed. .A decree of foreclosure, and for the sale of the mortgaged premises, was entered at the March Term 1874. The defendants bring the case here on error. 1. If Hull had only an equitable title, he ctrald by his mortgage convey no greater interest. His mortgagee has no greater rights — certainly not as to the legal owner of the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts in this case are as follows: On October 28th 1871, one W. H. Hull was in possession of two lots in the city of Iola, under a bond for a deed from the holders of the legal title. ' He had paid part of the purchase-money, and the time for the payment of the residue had not yet expired. Upon these lots he had made improvements to the amount of $800. On that date he executed a note to defendant in error, and to secure the same gave a mortgage upon these lots. This was recorded Nov. 8th 1871. Subsequently, the holders of the legal title…
2Cases cited1 opinion
- Kirkwood v. KoesterSupreme Court of Kansas · 1873
3Cited by16 opinions
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Tracey v. CrepinSupreme Court of Oklahoma · 1914
- Page v. TurkSupreme Court of Oklahoma · 1914
- Western Land Securities Co. v. Oklahoma Farm Mortg. Co.Supreme Court of Oklahoma · 1925
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