Cooper v. Rhea

Citations

• 82 Kan. 109
• 107 P. 799
• 1910 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Vacation—Mistake—Issues Presented by Pleadings — “Irregularity.” Under the provision (Civ. Code, § 568, subdiv. 3; Gen. Stat. 1901, § 5054, subdiv. 3) that a judgment may be set aside at a subsequent term “for mistake, neglect or omission of the clerk, or irregularity in obtaining” it, a court may vacate a judgment rendered on the pleadings because of a misapprehension as to what allegations they in fact contained.</p> <p>2. Limitation of Actions — Removal of Cloud from Title. The right to maintain an action to remove a cloud from a title is a continuing one to which the statute of limitation is not applicable.</p> <p>3. Foreclosure — Recovery against Defendant Not in Privity ■ with Mortgagor — Proof that the Mortgagor Had Title. In an action brought to foreclose a mortgage, in order to establish a ground of recovery against a defendant who does not claim under its maker, the plaintiff is required to show that the mortgagor had title to the property, so that the mortgage created a lien.</p>