Brown v. Staab

Citations

• 103 Kan. 611
• 176 P. 113
• 1918 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note and Mortgage — Executed by Minor — Disaffirmance. A minor, twenty years old, executed his note and mortgage on real estate due in one year from date. A year after he attained his majority, he refused a request to sign the note again. Held, that this did not constitute a disaffirmance of the instruments executed during his minority.</p> <p>2. Same — Executed by Minor — Disaff.manee not within Reasonable Time after Attaining Majority. In an action to foreclose the note and mortgage more than five years after he had attained his majority, he filed an answer pleading his minority at the time of the execution and electing to disaffirm the contract. Held, that the disaffirmance was not within a reasonable time under the provisions of section 6358, General Statutes of 1915, which declare that a minor is bound, not only by contracts for necessaries, but also by his other contracts, unless he dis-affirms within a reasonable time after he attains his majority.</p> <p>3. Same — Foreclosure—Amount of Recovery. In an action of foreclosure, held, on the undisputed facts, plaintiff was entitled to recover the full amount of the notes and mortgages, less payments thereon.</p> <p>4. Same — Joint Mortgagors — Valid Mortgage — Liability of Each. Where a father and two sons execute a note and mortgage on their interest in real estate, the life estate of which is vested in the father with remainder over to the sons, and each is liable equally on the note, the three may pledge the estate as an entirety by their joint mortgage.</p>