Emmons v. Gille
Supreme Court of Kansas
Error from Johnson Eistriot Court. This action was commenced in the court below by James M. Gille against E. R. Enmons et al., to recover on two promissory notes made by D. R. Emmons, one payable to plaintiff, and the other to Sarah J. Skelton, and by her indorsed, after maturity, but before the commencement of this action, to him, and to foreclose a mortgage given by Emmons and wife to secure the notes, and to foreclose any interest that Carrie L. Emmons, George E. Hunter…
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Error from Johnson Eistriot Court. This action was commenced in the court below by James M. Gille against E. R. Enmons et al., to recover on two promissory notes made by D. R. Emmons, one payable to plaintiff, and the other to Sarah J. Skelton, and by her indorsed, after maturity, but before the commencement of this action, to him, and to foreclose a mortgage given by Emmons and wife to secure the notes, and to foreclose any interest that Carrie L. Emmons, George E. Hunter and W. S. Beard might have in the land mortgaged. The defendants below admitted the making of the notes and the mortgage…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action on two promissory notes, and for the foreclosure of a mortgage given to secure the payment thereof, which notes were given for part of the purchase money of the land described in the mortgage. The defendants were in the peaceable possession of the mortgaged premises at the time of the commencement of the foreclosure proceedings, and sought by answer to enjoin or prevent any personal judgment or foreclosure proceedings, on the ground *183of an alleged defect in title, until final judgment should be rendered in a suit pending…
2Cases cited10 opinions
- Peters v. BowmanSupreme Court of the United States · 1878
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Kinports v. RawsonWest Virginia Supreme Court · 1887
- Olmstead v. KoesterSupreme Court of Kansas · 1875
- In re LivingstonNew York Court of Chancery · 1842
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3Cited by2 opinions
- Gille v. EmmonsSupreme Court of Kansas · 1899
- Toner v. Conqueror Trust Co.Supreme Court of Kansas · 1928