Sheldon v. Pruessner
Supreme Court of Kansas
Error from Shawnee Circuit Court. This action was brought in the circuit court of Shawnee county by Simon Pruessner against Joseph L. Sheldon and others, May 5, 1891, to foreclose a mortgage given by Joseph L. Sheldon and wife to Henry S. Pruessner, to secure the sum of $1,700, and interest.
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Error from Shawnee Circuit Court. This action was brought in the circuit court of Shawnee county by Simon Pruessner against Joseph L. Sheldon and others, May 5, 1891, to foreclose a mortgage given by Joseph L. Sheldon and wife to Henry S. Pruessner, to secure the sum of $1,700, and interest. Afterward Lewis M. Motter filed his answer, setting up and claiming a mortgage of $1,000, given by Henry S. Pruessner and wife, as a prior lien upon the lands and tenements described in plaintiff's mortgage, being the northwest quarter of the southwest quarter of section 16, town 12, range 16, in Shawnee…
1Opinion of the Court
The opinion of the court was delivered by
HobtoN, 0. J.:
In the answer of Joseph L. Sheldon to the petition of Simon Pruessner upon the note and mortgage executed by Sheldon and his wife to Henry S. Pruessner, on June 6, 1888, for $1,700, with interest, it was denied, among other things, that Simon Pruessner was the holder or owner of the note and mortgage, and it was also denied that he had any interest therein, the allegation being that the alleged transfer to him was colorable only, and without consideration. It appears from the evidence of Henry S. Pruessner that his indebtedness to his…
2Cases cited5 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
- Kansas Mutual Life Ass'n v. HillSupreme Court of Kansas · 1893
- Gaston v. DrakeNevada Supreme Court · 1879
- Ansel v. OlsonSupreme Court of Kansas · 1888
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