Noble v. Greer
| Decision Date | 01 January 1892 |
| Citation | 28 P. 1004,48 Kan. 41 |
| Parties | R. C. NOBLE v. E. P. GREER et al |
| Court | Kansas Supreme Court |
Error from Cowley District Court.
THE opinion states the case.
Judgment affirmed.
Edwin White Moore, for plaintiff in error.
Joseph O'Hare, for defendants in error.
OPINION
In this action, which was to foreclose a mortgage, the plaintiff declared on a promissory note and real-estate mortgage given to secure the same, and alleged that by the terms of the mortgage the defendant was in default because of the non-payment of taxes, that the mortgage had become absolute and the plaintiff was entitled to foreclosure of the same. All of the defendants answered, and the plaintiff replied. But upon the trial of the cause the defendants objected to any evidence being received under the petition, for the reason that the petition did not state facts sufficient to constitute a cause of action. This objection was sustained and the cause dismissed at the cost of the plaintiff, who brings the case here for review. The only question in the case is, whether the petition showed such a default as gave the plaintiff the right to foreclose the mortgage. That portion of the plaintiff's petition which alleges default for the non-payment of taxes reads as follows:
"Plaintiff further shows, that taxes were duly levied on said described lands for 1887, to the amount of $ 24.80; that the defendants, and each of them, failed and neglected to pay said taxes for the year 1887, but made default in the whole of said payment, and that on the 15th day of August, 1888, the plaintiff paid, for and on account of said taxes on said described lands, the said sum of $ 24.80."
That part of the mortgage relating to the defaults reads as follows:
An examination of the mortgage attached to the petition in this case fails to disclose any provision under which the mortgagor promises or agrees to...
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Carpenter v. Riley, 55643
...On January 6, 1982, the court denied the Carpenters' motion for judgment on the pleadings on the basis of the case of Noble v. Greer, 48 Kan. 41, 28 P. 1004 (1892). The court granted Riley's November 19 motion to have his tax check Riley filed a motion on January 12, 1982, requesting that h......
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Resolution Trust Corp. v. Friesen
...occurs, a tax foreclosure action is filed, before commencing its foreclosure action. The Kansas Supreme Court, overruling Noble v. Greer, 48 Kan. 41, 28 P. 1004 (1892), has held that it is proper for a mortgagee to act upon the terms of the mortgage by foreclosing when the mortgagor has fai......
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Core v. Smith
...be said concerning this mortgage, as was said, in effect, by this court in Fleming v. Franing (Okl.) 98 Pac. 961, following Noble v. Greer, 48 Kan. 41, 28 Pac. 1004, that as there is no provision therein requiring the mortgagor to pay the taxes, it is difficult to see how his failure so to ......
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Core v. Smith
...can be said concerning this mortgage, as was said, in effect, by this court in Fleming v. Franing (Okl.) 98 P. 961, following Noble v. Greer, 48 Kan. 41, 28 P. 1004, that as there is no provision therein requiring the to pay the taxes, it is difficult to see how his failure so to do can be ......