17 Kan. 9 | Kan. | 1876
The opinion of the court was delivered by
This was an action on a note and mortgage brought by Francis Kirkwood against William H. Pearsoll and wife, and said Waterson and Edwards. The facts of the case seem to be substantially as follows: The note was executed July 28th 1860, by said Pearsoll to John Potter for $150, due in one year, with interest from date at the rate of twenty per cent, per annum. The mortgage was executed at the same time by Pearsoll and wife to Potter on the S.W. J of sec. 9, township 4, range 6, in Marshall county, to secure the payment of the note, which mortgage was duly recorded 20th November 1860. During the same year Potter assigned said note and mortgage to said Kirkwood. On January 23d 1864, Pearsoll paid Kirkwood $2 on said note, for the purpose of postponing the operation of the statute of limitation thereon. On February 8th 1864, Pearsoll and wife conveyed by a quitclaim deed all their interest in and to said land to Thomas W. Waterson, one of the plaintiffs in error. E. E. Edwards, the other plaintiff in error, (who was also a defendant below,) claims under Water-son; and since February 8th 1864 the land has been in the possession of Waterson and his grantees, who have paid the
“And the court, after hearing the testimony and arguments of counsel, and being fully advised in the premises, does find the issues for the plaintiff, and does find that there is due the*12 plaintiff upon the note sued on in this action the sum of $562.98, and that the said lands and tenements mentioned in plaintiff’s petition stand charged' with the payment of the same.”
The court'then rendered judgment upon these findings in favor of the plaintiff below, and against Pearsoll for the said sum of $562.98, and costs, and ordered that the land be sold to satisfy said judgment; and then comes the following journal entry:
“And thereupon, at the request of defendants, the court reduced its findings of law and of fact to writing, and filed them in this case; to all o’f which findings of law and of fact, defendants duly excepted.”
We have considered all the questions presented to us. The plaintiffs in error do not seem to claim that their sheriff’s deed and tax deed raise any questions different from those which we have discussed. Hence we have said nothing about those deeds.
The judgment of the court below must be affirmed.