Hatch v. Barrett
Supreme Court of Kansas
Error from Osage District Court. Action brought December 16,1881, by Philip Barrett and Ducretia Barrett against James Hogden, J. C. Rogers and James Rogers, Charles B. Hatch, and W. E. McCrary, to have a mortgage on certain real estate in Osage county declared void and canceled, for the reason that the same had been procured by duress and gross abuse of the criminal process of the state.
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Error from Osage District Court. Action brought December 16,1881, by Philip Barrett and Ducretia Barrett against James Hogden, J. C. Rogers and James Rogers, Charles B. Hatch, and W. E. McCrary, to have a mortgage on certain real estate in Osage county declared void and canceled, for the reason that the same had been procured by duress and gross abuse of the criminal process of the state. James Hogden, one of the defendants, filed his answer disclaiming any interest in the mortgage, or the pretended debt secured thereby, and the action as to him was dismissed. The other defendants filed their…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Action upon a note and mortgage. The findings of the trial court are not contested before us, and we must *228therefore accept them in all respects as trae. The immediate circumstances attending the execution of the note and mortgage were as follows: Prior to January 3,1881, Philip Barrett and J. C. Rogers had been interested, as partners, in a lot of cattle ; Rogers claimed that Barrett owed him a greater sum on the sale of the cattle than Barrett admitted. On said January 3d, Rogers employed Alexander Blake, an attorney at law, to obtain a…
2Cases cited15 opinions
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