Goodwin v. Smith
Supreme Court of Kansas
Error from, Sumner District Court. The opinion states the material facts. By leasing the land described in the pleadings in this case, after the execution and recording of the mortgage thereon, and after a default in the terms of said mortgage, and after the commencement of a suit for the foreclosure of the mortgage, the defendant, Milton Smith, could not acquire any interest in the land, or any right to any crops on the land, which the mortgagor would not have had himself…
Read the full summary
Error from, Sumner District Court. The opinion states the material facts. By leasing the land described in the pleadings in this case, after the execution and recording of the mortgage thereon, and after a default in the terms of said mortgage, and after the commencement of a suit for the foreclosure of the mortgage, the defendant, Milton Smith, could not acquire any interest in the land, or any right to any crops on the land, which the mortgagor would not have had himself if he had tilled the land himself without leasing it. And further, the defendant could not, under a lease from the…
1Opinion of the Court
Opinion by
Simpson, C.:
This action was commenced to restrain Milton Smith, the defendant in error, from trespassing upon a quarter-section of land in Sumner county, and from cutting, carrying away or disposing of a wheat crop of 90 acres growing on said land. Smith had rented the land for a year from the .owner, in March, 1890. He had planted corn and oats in the spring, and, in accordance with the terms of his lease, had planted 90 acres in wheat in the fall of 1890. At the time he rented the land, a suit was pending to foreclose a mortgage on the land given by the grantor of the lessor.…
2Cases cited10 opinions
- Lane v. KingNew York Supreme Court · 1832
- Downard v. GroffSupreme Court of Iowa · 1875
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Jones v. ThomasIndiana Supreme Court · 1847
- Beckman v. SikesSupreme Court of Kansas · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Polley v. JohnsonSupreme Court of Kansas · 1893
- Missouri Valley Land Co. v. BarwickSupreme Court of Kansas · 1892
- Jones v. AndersonSupreme Court of Kansas · 1951
- McClain v. MillerSupreme Court of Kansas · 1915
- Moritz Implement Co. v. MatthewsSupreme Court of Kansas · 1998
8 more not listed; retrieve them via the Exa API.