Commonwealth Trust Co. v. Cockerill Zinc Co.

Citations

• 86 Kan. 860
• 122 P. 875
• 1912 Kan. LEXIS 404

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. MORTGAGEES in Possession — Improvements — Liens — ■Priorities. While the power of the court in foreclosure cases to-create preferential liens upon the mortgaged property in favor of persons who have furnished labor or material for its betterment or preservation is ordinarily limited to the property of corporations or concerns in the business of which the public has an interest, nevertheless, where possession of mortgaged property of a corporation in a business in which the public has no interest is upon default surrendered by the mortgagor to the mortgagee, and the latter, while'in possession and before the final decree, employs' labor and purchases supplies which are used to improve and preserve the property and to increase-its value as security, it is proper for the court to make the claims for such labor and material liens paramount to the lien of the mortgage.</p> <p>2. Interpleas — Filed after Judgment — Judicial Discretion. It is within the sound discretion of the trial court to permit persons claiming an interest in mortgaged property to file inter-pleas after judgment of foreclosure has been entered and before the final disposition of the cause.</p>