8 Kan. 197 | Kan. | 1871
The ojfinion of the court was delivered by
In this case a judgment was rendered in favor of John B. Burnes, defendant in error and plaintiff below, and against William L. Smith, one of the plaintiffs in error, for the sum of $824, and an order was made against all the defendants below that Lot No. 12, in Block 39, in Leavenworth City, should be sold, without any right of redemption, to satisfy said judgment. The judgment was rendered on four promissory notes, the first three of which were given by William L. Smith to John B. Burnes, and the last was given by William L. Smith to Lewis Burnes. The first note was given November 8th, 1865, and the amount found due upon it was $400. The second note was given December 23d, 1865, and the amount found due ujjon it was $250. The third note was given August 18,1866, and the amount found due upon it was $40. The fourth note was given May 13, 1867, and the amount found due upon it was $134. Each of these notes was secured by a separate mortgage on said lot, each mortgage bearing even date with the note it was given to secure. At the time the last note and mortgage were given William L. Smith and his wife Mary Jane Smith waived the right of redemption under the provisions of the statute of 1867, which had then just then come into force, and which permitted them to do so. (Laws of 1867, p. 188.) Afterwards Lewis Burnes transferred this note and mortgage to John B. Burnes, the plaintiff below, who brought his action on this note and mortgage as well as on the three notes and mortgages that had
It is also claimed by the plaintiffs in error, but incorrectly as we think, that the petition below did not sufficiently describe the lot.
III. There are a few other questions which the plaintiff in error attempts to raise in this case, only two of which as we think are of sufficient importance to be mentioned in this opinion. '
[* The description in the petition was — “Lot No. 12, in Block No. 39, in the city of Leayenworth, in the county of Leavenworth.’1 The objection urged againstthis description was, that it was not stated that said lot was u in the original plat ” of said city.— Reporter.]