Clark v. Reyburn

Citations

• 75 U.S. 318
• 19 L. Ed. 354
• 8 Wall. 318
• 1868 U.S. LEXIS 1104

Syllabus

<p>1. A decree of strict foreclosure, which does not find the amount due, which allows no time for the payment of the debt and the redemption of the estate, and which is final and conclusive in the first instance, cannot, in the absence of some special law authorizing it, be sustained.</p> <p>2. No such special law oxists in Kansas.</p> <p>8. Where, uftor a mortgage of it, real property has.been conveyed in trust for the benefit of children, both those in being, and those to bo born; all children in esse at the time of filing the bill of foreclosure,,should bo made parties. Otherwise, the decree of foreclosure does not take away their right to redeem. A decree in such a case against the trusteo alone, does not bind the cestui que trusts.</p>