Fowler v. Marshall
Supreme Court of Kansas
Error from, Shawnee District Court. Action brought by Moore against Marshall and wife, to foreclose a mortgage. Fowler, on his own motion, was made a party defendant. Trial by the court, at the April Term, 1881, when the court found generally against Fowler, and entered a decree foreclosing the mortgage in favor of Moore, and barring Fowler of any interest in the premises. Fowler brings the case to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a triangular controversy,, in which J. D. Fowler, Alfred Moore and White Marshall are respectively the three parties in interest. The facts are these: On July 2, 1878, Alfred Moore, holding the legal title to lot 20, Jefferson street, Topeka, sold the property to White Marshall, executed to him a warranty deed, and took back a mortgage for part of the purchase-price. Marshall defaulting in his payments, on May 13, 1880, Moore commenced an action in the Shawnee county district court to foreclose the mortgage, making Marshall and his…
2Cases cited8 opinions
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Gentry v. RogersSupreme Court of Alabama · 1867
- Ritson v. DodgeMichigan Supreme Court · 1876
- Roby v. CossittIllinois Supreme Court · 1875
- Iglehart v. VailIllinois Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Reid v. MixSupreme Court of Kansas · 1901
- Shoop v. BurnsideSupreme Court of Kansas · 1908
- Bird v. LoganSupreme Court of Kansas · 1886
- Haston v. Citizens State BankSupreme Court of Kansas · 1931
- Young v. SchwintSupreme Court of Kansas · 1921
18 more not listed; retrieve them via the Exa API.