Croasdale v. Hill

Citations

• 78 Kan. 140
• 96 P. 37
• 1908 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notice — Bona Fide Purchaser — Sufficient to Put u/pon Inquiry. A purchaser who gains information affecting an estate-from one instrument is ordinarily chargeable with notice of the contents of other instruments affecting the same estate to which an examination of the first instrument would naturally have led him.</p> <p>2. - Amount of a Note Referred to in a Mortgage. One-who buys lands subject to a mortgage the record of which does • not definitely show when the mortgage debt shall become due, nor the amount required to satisfy it, but does show that under certain contingencies the amount named in the mortgage may be increased by interest charges, and does refer to a note from which the extent of the debt and mortgage lien may be ascertained, is chargeable with notice of what might have been discovered by an examination of the note and of all facts that he could have obtained by diligent inquiry.</p> <p>3. Estoppel — Statements by Agent Holding Note for Collection. A statement, made to the purchaser by one who held the note and mortgage as a collection agent, which gives the original amount of the note and the payments indorsed thereon, but does not undertake to give all of the terms of the note or the amount remaining unpaid, does not estop the mortgagee from collecting the full amount of the debt as shown by the note.</p>