Bell v. Diesem

Citations

• 86 Kan. 364
• 121 P. 335
• 1912 Kan. LEXIS 297

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deed — Inconsistent Recitals — Clerical Error — Valid. Where a tax deed which had been of record more than five years contained inconsistent recitals as to the steps taken by the officers, giving the date of the order authorizing the execution of the tax-sale certificate as later than the dates of the payment-by the purchaser, the execution of the certificate by the county treasurer, and the assignment of the certificate by the county clerk, all of which were done in pursuance of • the order, and where it fairly appeared from all the language of the instrument that the date of the order, as recited therein, was a clerical error, and that all the steps mentioned were taken on the same day, the tax deed should be held to be valid.</p> <p>2. Mortgage — Foreclosure—Judgment—Sale—Nio Sheriff’s Deed —Equitable Title. When a mortgage on land is regularly foreclosed and a sale is made under the judgment to a purchaser, being duly confirmed by the court, such purchaser acquires the full equitable title to the land although a sheriff’s deed is not executed and delivered to him. While the legal title remains in the mortgagor until the sheriff’s deed is executed it is held in trust for the purchaser and the record of the foreclosure proceedings is constructive notice of the equitable title acquired by the purchaser at the foreclosure sale.</p> <p>3. —¡- Same. The fact that a long time elapsed after the sale and confirmation without taking out a sheriff’s deed does not, of itself, deprive the purchaser, or those holding under him, of their interest in the land nor prevent them from obtaining such deed.</p> <p>4. Purchaser Pendente Lite-^-Bound by Judgment. One who ' purchases an interest in property which is involved in litigation takes it subject to the judgment that may be rendered therein, and is as conclusively bound by the result as if he . had been made a party when the action was begun.</p> <p>5. - Same. The lis pendens, as to such