Bowers v. Jett

Citations

• 91 Kan. 364
• 137 P. 786
• 1914 Kan. LEXIS 37

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>First Mortgage — Foreclosure Sale — Partition—Sale—Proceeds of Land, Exhausted — Second Mortgage Not Enforceable. The owner of real property upon which he had given two mortgages died intestate. The first mortgage was foreclosed, the holder of the second being a party. In a partition suit brought to divide the property among the heirs of the mortgagor a decree was rendered for its sale, the proceeds to be applied first to the payment of the judgment on the first mortgage. Before the sale was made’in the partition action the property was sold under the foreclosure. The bidder at the partition sale held the certificate of purchase' issued in pursuance of the foreclosure sale, and in effect applied it upon the bid at the second sale. The court in the partition action directed the sheriff to redeem from the foreclosure sale out of the proceeds of the partition sale. A sheriff’s deed was issued to the purchaser at the latter sale. Held, that it conveyed a good title, and the second mortgage is not enforceable.</p>