Bullington v. Patterson

Citations

• 99 Kan. 327
• 161 P. 614

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Purchase-money Mortgage — Foreclosure—Counterclaim for Damages— Misrepresentation as to Boundary Line — Surveys—Findings. In a suit to foreclose a purchase-money mortgage, defendants set up a counterclaim for damages by reason of alleged misrepresentations by plaintiff as to the true boundary lines of the real estate. The evidence, findings and conclusions of law are examined, and it is held: (a) The findings are sustained by sufficient evidence. (&) There was no error in the holding of the trial court that certain surveys made by surveyors, and other evidence offered for the purpose of showing the exact location of the boundary lines- of the property were unsatisfactory. (c) On the findings, a judgment against defendants will not be disturbed.</p>