Casner v. Johnson

Citations

• 66 Kan. 404
• 71 P. 819
• 1903 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Note and Mortgage — -Payment to Assignee of Record, Sufficient. Where a promissory note, together with the mortgage securing the same, has been assigned by the payee and delivered, and the assignment placed of record, the maker of such note may safely pay it to the assignee claiming in good faith the right to collect, and receive the note and a cancelation of his mortgage, although the maker may at the time know that another claims in good faith the right to collect such note; and in such case an action by the other claimant to reinstate the discharged mortgage and foreclose the same for the payment of the note cannot be maintained.</p>