Detmer v. Salinger

Citations

• 101 Kan. 701
• 168 P. 844
• 1917 Kan. LEXIS 181

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Two Mortgages — Priority of Liens — Not Changed by Affidavit. Whether or not an affidavit sworn to but not acknowledged before a notary public, that a certain mortgage was intended to be a first lien and be recorded before instead of after another, was recordable under the statute (Gen. Stat. 1915, §2068), such affidavit could not, as to a stranger, change the priority of the liens of such mortgages already fixed by the times of their filing for record.</p> <p>2. Mortgage by Corporation — Executed by Officers of Corporation as Individuals — Not a Recordable Mortgage. A mortgage executed by the president and secretary of a corporation, with the corporate seal attached, was acknowledged by such persons only, the certificate reciting that there came before the notary “Frank N. Johnson and C. B. Striegel of the Oakwood Drug Co., who are personally known to me to be the same persons who executed the within instrument of writing and such persons duly acknowledged the execution of the same.” Held, that such mortgage was not properly recordable and its filing did not have the effect to impair the lien of the prior recorded mortgage.</p> <p>3. Mortgage Foreclosure — Service by Publication — Affidavit—Recitals in Decree of Foreclosure. While evidence was introduced which seemed to show that there was no affidavit for publication filed in the suit to foreclose the mortgage, the court found and it was recited in the decree that service of summons was duly and regularly made by publication as provided by law. Held, that such decree could not be set aside for such seeming lack of an affidavit. ></p> <p>4. Same — Summons Served in Another State by Deputy Sheriff — Sworn to Before Notary Public. The summons was served by the deputy sheriff of Jackson county, Missouri, and the return was properly made, but was sworn to before a notary public of that county, and not before a clerk of a court of record or a commissioner appointed by the governor of