Brown v. Akeson

Citations

• 74 Kan. 301
• 86 P. 299
• 1906 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — -Dormancy—Limitation of Actions. No action can be maintained upon a judgment which has been permitted to remain dormant for more than one year. The case of Smalley v. Bowling, 64 Kan. 818, 68 Pac. 630, followed.</p> <p>2. Contracts — Consideration—Moral Obligation. The moral obligation of the debtor to pay such a judgment is a sufficient consideration to support a new promise on his part to do so.</p> <p>8. Chattel Mortgages — Consideration—Dormant Judgment. A chattel mortgage pledging personal property to the payment of an indebtedness which it declares to be owing from the mortgagor to the mortgagee is an enforceable contract, notwithstanding it describes such indebtedness as consisting of a judgment which in fact has lost its vitality by remaining dormant for more than one year.</p> <p>4. - Personal Obligation Assumed by Mortgagor. A promise of the mortgagor made in such an instrument that if the property fails to satisfy the debt he will pay the deficiency is such an assumption of a personal obligation on his part as will support an action against him for the amount of such deficiency.</p> <p>5. - Evidence. In such an action the judgment may be looked to for the purpose of ascertaining the amount of the indebtedness so assumed.</p>