Chicago Lumber & Coal Co. v. Swalley

Citations

• 85 Kan. 4
• 116 P. 475
• 1911 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgages — Safe of Part of Mortgaged Tract — Apportionment of Mortgage Debt — Waiver. Where the mortgagor of real estate sells a part of the mortgaged tract, and the mortgagee agrees with the buyer to release this portion of the premises upon the payment of the purchase price, the agreement in effect constitutes an apportionment of the mortgage debt, and the neglect of the purchaser to pay a part of the agreed amount will not leave the property subject to the entire indebtedness.</p>