Capell v. Dill

Citations

• 82 Kan. 652
• 109 P. 286
• 1910 Kan. LEXIS 317

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Purchaser at Void Foreclosure Sale — Subrogation — Mortgagee in Possession. A grantee in good faith',, holding possession under a sheriff’s deed in foreclosure proceedings which did not devest the title of the mortgagor, is-properly subrogated to the rights of the mortgagee, and considered as a mortgagee in possession.</p> <p>2. - Limitation of Actions — Quieting Title — Ejectment. In, the circumstances stated above the heirs of the mortgagor will-not be given a decree quieting their title against the party so held to be a mortgagee in possession, nor will they be-awarded the possession until they first satisfy the mortgage-debt, although an action thereon would be barred by the-statute of limitations.</p>