Broquet v. Mosier

Citations

• 102 Kan. 246
• 169 P. 1153
• 1918 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosure — Personal Service — Judgment by Default— Jurisdiction of Court. In a foreclosure action, the district court has jurisdiction to render judgment by default'on personal service without the notes and mortgage sued on being filed with the clerk or presented to the court.</p> <p>2. Same — Original Papers Not Filed — No Fraud. It is not a fraud on the defendants in a foreclosure action for the plaintiff to fail to file with the clerk or to present to the court the notes and mortgage sued on, or to fail to introduce any evidence in support of the petition, where personal service has been made and judgment is rendered by default. ■</p>