Cooper v. Greenleaf

Citations

• 84 Kan. 499
• 114 P. 1086
• 1911 Kan. LEXIS 360

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Exclusion of Evidence — Motion Not Supported by Production of Excluded Evidence. Section 307 of the code relieves this court of the duty to examine into alleged error in the exclusion of evidence when such ground of the motion for a new trial was not supported by a production of the evidence excluded.</p> <p>2. Judgments — Dormancy—Insanity of Debtor — Substitution of Guardian. An adjudication of the insanity of a judgment debtor does not render dormant a judgment rendered against him before such adjudication, and the guardian may be properly substituted as defendant in the cause in which the judgment was rendered.</p> <p>.'3. Judicial Sales — Validity of Sale Based upon Two Judgments, One of which Was Ñot Satisfied — Deed Reciting the Other Judgment Only. In a suit to foreclose a mortgage and -also a commission mortgage a judgment was rendered on the ■former in favor of the mortgagee, and on the latter for a much smaller sum in favor of the holder. Subsequently the holder of the commission mortgage entered a so-called release, reciting that he released and satisfied his judgment although ’the same had not been paid. Thereafter counsel who had represented the holders of both mortgages in the foreclosure ¡action procured an order of sale on both judgments, which sale was made and confirmed. The sheriff’s deed was executed to the holder of the commission mortgage, and recited his judgment only. In an action by’ him to recover possession of the property, begun more than fifteen years after such sale ;and. confirmation and more than eleven years after recording ■-the sheriff’s deed, such deed must be held valid.</p>