R. L. McDonald & Co. v. Kellogg
Supreme Court of Kansas
Error from Clay District Court. Action by R. L. McDonald & Co. against C. M. Kellogg, as trustee, &c., and numerous other defendants, to foreclose a deed of trust. January 12,1883, the district court sustained Kellogg’s demurrer to the petition, and gave him judgment for costs against plaintiffs. They bring the case here.
1Opinion of the Court
*171The opinion of the court was delivered by
Valentine, J.:
This was an action brought by the plaintiffs in error against the defendants in error, to foreclose "s deed of trust. One of the defendants, to wit, C. M. Kellogg, demurred to the petition on the ground that it did not state facts sufficient to constitute a cause of action, and the court below sustained the demurrer. The plaintiffs below, as plaintiffs in error, now bring the case to this court for review.
The deed of trust appears upon its face to be an absolute conveyance by A. F. Graham and wife to C. M. Kellogg, as trustee, with power…
2Cited by20 opinions
- Hoyt v. Union National Bank of WichitaSupreme Court of Kansas · 1924
- Dusenbery v. BidwellSupreme Court of Kansas · 1912
- Tenney v. SimpsonSupreme Court of Kansas · 1887
- Fabrique v. Cherokee & Pittsburg Coal & Mining Co.Supreme Court of Kansas · 1904
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
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