Culp v. Kiene

Citations

• 101 Kan. 511
• 168 P. 1097
• 1917 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Enjoining Execution Sale — Record Title to Property— Judgment Lien. A debtor induced his creditor to accept an indorser by representing that the indorser owned certain real estate. The creditor examined the record and found the record title to be in the indorser. The indorser had previously conveyed the property by warranty deed, which the grantee had not recorded. Held, the owner of the property owed the creditor no duty to record the deed, and was not estopped to enjoin an execution sale of the property about to be made under a judgment in favor of the creditor and against the indorser.</p>