Dewey v. Linscott
Supreme Court of Kansas
Error from Jackson District Court. Dewey, as plaintiff in a foreclosure action, recovered a judgment against Sarah M. Orcutt, and Thomas M. Orcutt, defendants. The mortgaged premises were sold under the decree of foreclosure, and were struck off to Linsaott, as purchaser.
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Error from Jackson District Court. Dewey, as plaintiff in a foreclosure action, recovered a judgment against Sarah M. Orcutt, and Thomas M. Orcutt, defendants. The mortgaged premises were sold under the decree of foreclosure, and were struck off to Linsaott, as purchaser. The district court, at July Term 1877, confirmed the sale, and Dewey and the Orcutts appeal, and bring the case here on error. * contended, that the price was grossly inadequate, that the plaintiff was without fault or negligence, and the sale should be set aside — citing, 3 Johns. Ch. 290; 18 Johns. Ch. 611; 24 N. J. Eq.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statementof the case. On the 12th of October 1876, in the district court for Jackson county, plaintiff-in-error Dewey recovered a personal judgment against plaintiff-in-error Mrs. Orcutt, for $661.95, to bear twelve per cent, interest, and -with costs of suit. He also obtained a decree against her and her husband for the foreclosure of a mortgage given to secure the debt, and an order for the sale of the mortgaged premises, without appraisement, in satisfaction of said judgment. The property covered by the mortgage was a quarter-section of…
2Cases cited15 opinions
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Boyd v. EllisSupreme Court of Iowa · 1860
- Sinnett v. Cralle's adm'rWest Virginia Supreme Court · 1871
- Vail v. JacobsSupreme Court of Missouri · 1876
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3Cited by29 opinions
- Board of County Commissioners v. AldenSupreme Court of Kansas · 1944
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- State Ex Rel. Com'rs of the Land Office v. HarrowerSupreme Court of Oklahoma · 1934
- Humbarger v. HumbargerSupreme Court of Kansas · 1905
- Magann v. SegalCourt of Appeals for the Sixth Circuit · 1899
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