(DOWNLOAD) "Mcmurray v. Crawford" by Court of Appeals of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Mcmurray v. Crawford
- Author : Court of Appeals of Kansas
- Release Date : January 11, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff held two promissory notes. The consideration for the notes was paid by plaintiff to defendant's husband. Each note was secured by a real estate mortgage. Both mortgages were of the same tract of property. The notes and mortgages were delivered to plaintiff by defendant's husband in 1961 and 1963. Plaintiff had the mortgages recorded. Defendant's husband died in 1970. The notes had matured. After defendant made payments to plaintiff during the years 1971 through 1974, she stopped. Plaintiff brought this action for judgment on the notes and foreclosure of the mortgages. Defendant denied she executed the notes and mortgages. She alleged her purported signatures were forgeries. In addition, she sought recovery of the payments she had made alleging misrepresentation or fraud on the part of plaintiff. Defendant appeals from an adverse judgment after trial to the court. We affirm. Defendant raises three issues on appeal. Two may be disposed of briefly. First, she asserts error in the denial of her timely demand for a jury trial. It is not controverted that a foreclosure action is equitable in nature and suits in equity are not entitled to jury trial as a matter of right. Karnes Enterprises, Inc. v. Quan, 221 Kan. 596, 600-602, 561 P.2d 825 (1977). Does defendant's insertion into this action of the questions of forgery and misrepresentation or fraud require a jury trial? We hold it does not.
 "Mcmurray v. Crawford" by Court of Appeals of Kansas " eBook PDF Kindle ePub Free){kind=link}