(DOWNLOAD) "Miller v. Rath" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Miller v. Rath
- Author : Supreme Court of Kansas
- Release Date : January 07, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This was an action brought to foreclose a real estate mortgage. Appellant's abstract consists of a statement of facts of ten lines in which he states that the petition sets forth the mortgage, the amount due thereon as against the primary defendant (appellee Robert M. Rath), and alleges that certain others including defendant James E. Ely have or claim some interest in the property covered by the mortgage. It appears from the trial court's order that Ely was a judgment creditor of defendant Rath, the original mortgagor. None of the pleadings are abstracted, and who the other parties to the action were is not disclosed. The abstract contains nothing more than an order of the trial court setting forth that on the 9th of November, 1951, there came on for hearing a motion of defendant Ely for judgment declaring that his lien was prior to that of the mortgage lien owned by the plaintiff Miller (appellant here). The record does not disclose the contents of this motion nor the stage of the proceedings at which it was lodged. The court found that the judgment of the defendant Ely was a prior lien on the property in question to that of the mortgage lien held by plaintiff Miller. From the court's order, plaintiff appealed to this court.
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