Berridge v. Gaylord

Citations

• 108 Kan. 105
• 193 P. 1066
• 21 A.L.R. 393
• 1920 Kan. LEXIS 565

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Note and Mortgage — Made Payable to Stranger to Evade Taxation— Subsequently Assigned to Real Owner of Note — Right of Recovery. Where one who makes a loan upon real estate causes the note and mortgage securing it to be made payable to a stranger to the transaction, for the purpose of evading the payment of taxes, that fact does not constitute a defense to the mortgage, in an action against the mortgagor brought in the name -of the- real owner, who has in the meantime taken an assignment from the nominal mortgagee.</p>