Legal Opinion

Cannon v. Kreipe

Supreme Court of Kansas

Decided January 15, 1875PublishedCited by 3 opinions

Error from Shawnee District Court. Action by Conrad Kreipe to foreclose a mortgage on twenty acres of land, given by Cannon and wife to secure a note for $962.85, given by said Cannon to C. & G. Cooper in March 1871, and by them transferred to said Kreipe. The answer of Cannon and wife set forth three defenses — first, a general denial; second, that plaintiff was not the real party in interest, and that Geo.

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Error from Shawnee District Court. Action by Conrad Kreipe to foreclose a mortgage on twenty acres of land, given by Cannon and wife to secure a note for $962.85, given by said Cannon to C. & G. Cooper in March 1871, and by them transferred to said Kreipe. The answer of Cannon and wife set forth three defenses — first, a general denial; second, that plaintiff was not the real party in interest, and that Geo. W. Spencer and Theodore Kreipe had “lifted and satisfied” said note “in pursuance of an agreement between said N. B. Cannon and said Spencer and T. K.;” third, that Cannon at the time…

1Opinion of the Court

*326The opinion of the court was delivered by

Brewer, J.:

The question in this case arises on the ruling of the district court sustaining demurrers to the third defense in the answer of Cannon and wife, the plaintiffs in error. The petition was an ordinary petition on a note and mortgage, alleging the execution of the note and mortgage to C. &VG. Cooper & Co., and an indorsement to plaintiff before maturity. The third defense in the answer alleged substantially that at the time of the execution of the note defendant N. B. Cannon executed a chattel mortgage on a portable sawmill situate in the same…

2Cases cited1 opinion

  1. Noyes v. WhiteSupreme Court of Kansas · 1872

3Cited by3 opinions

  1. King v. WilsonSupreme Court of Kansas · 1915
  2. Block, Oppenheimer & Co. v. LathamTexas Supreme Court · 1885
  3. Clark v. WeirSupreme Court of Kansas · 1887

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