Ayres v. Probasco
Supreme Court of Kansas
Error from Doniphan District Court. Probasco brought suit to recover on two notes of $550 each, ($1,100,) executed by Wm. M. Ayres to hirp, and to foreclose a mortgage given by Ayres and wife to secure said notes. FranJc Sutter, as the holder of a second mortgage, was joined as"a co-defendant. Afterward the court ordered W. L. Challiss made a defendant. Each defendant answered separately.
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Error from Doniphan District Court. Probasco brought suit to recover on two notes of $550 each, ($1,100,) executed by Wm. M. Ayres to hirp, and to foreclose a mortgage given by Ayres and wife to secure said notes. FranJc Sutter, as the holder of a second mortgage, was joined as"a co-defendant. Afterward the court ordered W. L. Challiss made a defendant. Each defendant answered separately. Ayres and wife each pleaded that $100 of the notes was usury, and denied the execution of the mortgage, but specially admitted that they executed a “blank mortgage” for the purpose of procuring a loan of…
1Opinion
THE CASE ON RE-HEARING.
The foregoing opinion was filed Jan. 19th 1875. A motion *192was made by defendant in error, Probaseo, for a rehearing. Said motion was heard and submitted at said term. Said motion was argued orally by W. W. Guthrie, on the part of Probaseo, defendant in error. The points stated in his bi’ief are sufficiently stated in the following opinion, overruling said motion, which was filed June 29th, 1875:
The opinion of the court was delivered by
Valentine, J.: The defendant in error moves the court for a rehearing in this case. And in his brief and o'ral argument urges many reasons…
2Cases cited6 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Knaggs v. MastinSupreme Court of Kansas · 1872
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- Vliet v. CampWisconsin Supreme Court · 1860
- Dollman v. HarrisSupreme Court of Kansas · 1870
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