Hatton
Hatton v. Holmes
Opinion
Lead Opinion
Belcher, J.
In September, 1887, J. W. Keifer, of Kansas City, Missouri, purchased eight acres of land *209 situate in the county of Los Angeles, in this state, and had the deed made to Maria J. Keifer, his wife. In December, 1889, one O. B. Jenkins applied to the plaintiff' for a loan of money on this land. He represented, that Maria J. Keifer, of Kansas City, was the owner of the-land, and that he was her agent, and wanted to borrow the money for her. He exhibited to plaintiff a certificate showing title in Mrs. Keifer, and together they examined the property, and plaintiff agreed to loan on it one thousand dollars if the mortgage was properly drawn up and duly certified. On the second day of January, 1890, Jenkins delivered to plaintiff a note for one thousand dollars, payable to his order two years after date, with' interest at the rate of fifteen per cent per annum, payable semi-annually, and if not paid to be compounded, and a mortgage on the land to secure payment of the" note, and the plaintiff gave Jenkins his check on a bank in Los Angeles for one thousand dollars, payable to Maria J. Keifer. The mortgage described the mortgagors as “ Maria J. Keifer, of Kansas City, Jackson County,…