Pape v. Capitol Bank
Supreme Court of Kansas
Error from, Shawnee Eisirict Court. Foreclosure of mortgage, brought in the name of The Capitol Bank of Topeka, against Pape and wife, mortgagors. The defenses interposed are fully stated in the subjoined opinion. The district court, at December Term 1875, gave judgment in favor of plaintiff, and defendants bring the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by “The Capitol Bank of Topeka,” to recover a personal judgment against Pape and wife, on three promissory notes made by them, and to foreclose a mortgage on lands in Shawnee county, given by them to secure the payment of said notes. The notes are made payable to “James M. Spencer, or bearer,” and have written across the back, “ Pay to bearer, without recourse on me: James M. Spencer.” The mortgage was made to Spencer, and has indorsed thereon an assignment to “The Capitol Bank of Topeka.” The notes and mortgage…
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