[DOWNLOAD] "Berger v. Bierschbach" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Berger v. Bierschbach
- Author : Supreme Court of Kansas
- Release Date : January 13, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This appeal stems from a judgment of the Harvey County District
Court adjudging that a warranty deed given by the plaintiffs,
Milton and Martha Berger, to the defendant, John H. Bierschbach,
was an equitable mortgage and that the defendant should reconvey
the land to plaintiffs upon payment of their indebtedness into
court. The plaintiffs have paid the money into court, but the
defendant has refused to accept the same, and has filed this
appeal. Throughout this opinion the appellant will be referred to
as the defendant, or Bierschbach, and the appellees as
plaintiffs, or the Bergers. For many years Mr. and Mrs. Berger have farmed a half section
of land located in Harvey County, and described as follows:
The North Half (N/2) of Section 29, Township 23
South, Range 1 West of the 6th P.M., according to the
Government Survey thereof.
In the spring of 1962, they had an opportunity to buy the farm
from the Grove Estate for the sum of $60,000, of which amount
$40,000 could be obtained through a loan with Prudential
Insurance Company. The Bergers were unable, however, to raise the
remaining $20,000 from their own resources and, accordingly, they
turned for help to their erstwhile friend, Mr. Bierschbach, who
had previously told them if the place was ever put up for sale
they should buy it, and that he would help them finance the
purchase.