Clark Investment Co. v. Cunningham

Citations

• 108 Kan. 703
• 197 P. 212
• 1921 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreign Corporation — Right to Bring Action to Foreclose Mortgage On Real Property in Kansas. A foreign corporation may bring an action in this state to foreclose a mortgage on real property, and the defendants cannot defeat the action by showing that the charter of the plaintiff had been revoked, if the plaintiff shows that the order of revocation was afterwards rescinded, although the defendants contend that the order of rescission was invalid because not authorized by law.</p> <p>2. Deed — Assumption of Mortgage by Grantee — Estoppel to Deny Covenants in Deed. The clerk of a man engaged in the real-estate business is estopped to deny that he assumed and agreed to pay a mortgage described in a deed in which he is named as grantee and which recites that the grantee assumes and agrees to pay the mortgage, where he permits his employer to accept such conveyance and afterward executes a deed conveying the real property at the request of his prin,cipal, all without knowing and without inquiring concerning the nature of the transactions in which the conveyances were made.</p> <p>3. Same. In an action' to foreclose a mortgage on real property, the grantee of the mortgagor and all subsequent grantees are estopped tc deny the validity of the mortgage, where the mortgagor’s grantee, in the deed to him, assumed and agreed to pay the mortgage, and all subsequent conveyances'of the land are quitclaim deeds or are made subject to the mortgage.</p> <p>4. Same — Foreclosure of Mortgage — Six Months’ Period of Redemption. No error is shown in the judgment of the court fixing the period of redemption from sheriff’s sale at six months.</p> <p>5. Same — Request for Special Findings. On a request for special findings of fact, the court found the ultimate facts on which the rights oí the parties depended and from which the correctness of the judgment could be obviously and readily ascertained. Held, that it was not reversible error to refuse to find