25 Kan. 147 | Kan. | 1881
The opinion of the court was delivered by
On October 1st, 1873, J. W. Earles and C. L. Earles, executed at Girard, in this state, to the order of Jeannette R. Braley, a note for $l,852'J^$r, payable one year after date at the Crawford County Savings'Bank at Girard, with twelve per cent, interest per annum after maturity. On the same day, to secure the payment of the note, they and their wives, Mary J. Earles and Caroline Earles, executed a mortgage on the following real estate: The undivided two-thirds interest in and to the southwest quarter of section seventeen, and the southeast quarter of section eighteen, in township twenty-nine, range twenty-four, county and state aforesaid. This instrument was filed for record on the 19th day of August, 1874, with the register of deeds of Crawford county. At the time of the execution of this mortgage, John
Objection is now made by Laughlin to the judgment. Owing to the condition of the record we omit various questions discussed and submitted concerning matters proved on the trial. Upon these questions of fact there was evidence jpro and con, and the-general finding being against the plaintiff in error, we cannot now interfere. This conclusion leaves only two matters for consideration: First, Had John W. Earles any mortgageable interest in the southeast quarter
The second inquiry must -be answered in the negative. The amount of valuable or other improvements that Laugh-lin had placed upon the land was immaterial to any issue
The judgment of the district court will be affirmed.