Andrews v. Morse
Supreme Court of Kansas
Error from Labette District Court. Action by Andrews against Morse and others to foreclose a mortgage. Judgment for defendants; plaintiff brings error.
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Error from Labette District Court. Action by Andrews against Morse and others to foreclose a mortgage. Judgment for defendants; plaintiff brings error. The mortgagee may elect either to present his note and have the same allowed against the estate, and have it paid out of the personal assets of the estate, or he may entirely ignore the probate court, and at any time within the general statute of limitations, under the code, proceed against the land described in the mortgage and sell the same, and apply the money realized from the sale thereof to the extinguishment of his mortgage lien. If he…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action by J. H. Andrews to recover upon a promissory note for $300, and to foreclose a mortgage executed to secure the same by John E. Morse and his wife on January 16, 1882. The note was payable five years after date, with interest at 8 per cent, per annum, and the interest had been paid thereon up to April 1, 1888. John *32E. Morse died in December, 1885, and bis wife died the following August. Letters of administration were granted upon the estates of each more than three years before the commencement of the action to…
2Cases cited6 opinions
- President of Grafton Bank v. DoeSupreme Court of Vermont · 1847
- Allen v. MoerSupreme Court of Iowa · 1864
- Johnson v. CainSupreme Court of Kansas · 1875
- McCallam v. PleasantsIndiana Supreme Court · 1879
- Simms v. Richardson & MaySupreme Court of Arkansas · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hill v. HillSupreme Court of Kansas · 1959
- Smith v. KibbeSupreme Court of Kansas · 1919
- Linn County Bank v. GrishamSupreme Court of Kansas · 1919
- McLane v. AllisonSupreme Court of Kansas · 1899
- Linn v. ZieglerSupreme Court of Kansas · 1904
5 more not listed; retrieve them via the Exa API.