Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1895-12-21
KANSAS MORTGAGES.
FUN Text OF tho Supreme Court
Decision.


Tho supreme court has squarcly re-
versed decision made last April and
declared that the Kansas mortgage re-
demption law Of 1893 applies to pre-ex-
isting contracts rs well rs to contracts
made after the passage Of the net.
This Is one OF the most important de-
cisions rendered in many years and Is
OF the greatest interest TO all mortgage
creditors and debtors.
At the April, 1895, term Of the SUI
preme court Chief Justice Horton
wrote the opinion OF the court which
held that chapter 100, session laws Of
1893, relating to the sale and rcdcmp-
ton Of real estate, does not apply to
mortgages given prior to the passage
Of the net.
Justice Allen dissentc In the opin.
Ions which were rendered in the case
Of Watkins VS.. Glenn and the case Of
John L. Beverly VS.. Martha Barnitz.
The latter case was appealed from
Shawnee county.
The attorney for ]. L. Beverly sub
mitted q motion for rchearingland this
action was responsible for the present
opinion OF the court.
In the Watkins VS.. Glenn case, which
was the basis Of the leading opinion OF
tho court, written by Chief Justice
Horton, the syllabus was as follows:
I. Any subsequent law OF the state which so
affects the remedy Us substantially to impair
and lessen the value Of the contract, Is Forbid
den by article I. section 10. OF the constitution
OF the United States, which ordains that mo
state shall pass any law impairing the obliga-
zion 1T eon,rsH,s"
Q Chapter 100. session laws OF 1908, concern
ing the sale and redemption OF real estate, has
no retroactive operation, and therefore does
not apply 20 mortgage contracts existing nj
and before its passage. II the legislature In
tended the net to apply to such contracts, it
violates article l. section 10, OF the constitution
Of tho United States.
Justice Johnston concurred with
Chief Justice Horton, Justice, Allen
dissenting.
The syllabus OF the opinion just rem
dered is rs follows:
''Chapter 100, session laws of 1898,
commonly known rs the redemption
law, whether applied to existing or
future contracts, is not In conflict with
the provisions of the federal constitu-
ton that mo state shall pass any law
hhParnH 'he o"i'sa'ion Va son
Tracts
Following is a synopsis Of the opin-
ion of the court written by Chief JUS
tice Martin. Justice Allen concurrcd.
Justice Johnston, referring to Judge
Horizons opinion with the statement
that ha ,,,orId abide by 4, tbareforc
uiooen'cu'
CHIEF Justice Martins opinion.
On November !, 1885, George A. kirkland cx-
ecuted negotiable promissory note TO Martina
Barnitz for $500 payable In five years with
interest Mt per cent per annum and after
maturity at the ratio OF IL per cent per aunum'
which note was secured by mortgage on
quarter section OF land In Shawnee county, up
praisement being waived. The land was after
ward sold 10 John L. Beverly. subject TO the
mortgage. On January 81. 1899. an action was
commenced In the district court OF Shawnee
county TO obtain judgment upon 50 Id note and
TO foreclosc said mortgage. On July :. 1893.
personal judgment was rendered for s2,li246.
bearing interest from hat date ut the rate OF
~ per cent per annum and t44es costs, and
the land was ordered sold for tho pay
ment Of said judgment. On January Q.
1884, an order Of sale was issued and
the property was sold TO Martha Barnitz by
the sheriff on February Il, is9 for e. 900. Feb
ruary ~, 1884, John L Beverly filed q motion
asking that upon confirmation OF the sale the
court order. adjudge and determine that said
roal estate Is subject to redemption rs provid-
cd by chapter 100 of the session laws OF 1903
(which took effect March II, is93) and the shcr-
IN no ordsrcd and directed IN make to the MUIR