Dever v. Eureka Bank

Citations

• 100 Kan. 365
• 164 P. 166
• 1917 Kan. LEXIS 328

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosure — Purchaser Pendente Lite — Purchaser Bound by Decree. One who purchases property pendente lite is boi^nd by the decree in the pending suit, and that decree is not subject to collateral attack at the instigation of the purchaser.</p> <p>2. Same — When Purchaser’s Bight Must be Asserted — No Collateral Attack on Judgment. Where irregularities occur in a sheriff’s sale of property which has been subjected to mortgage forclosure, one who purchases the interest of the mortgagor in the foreclosure suit after the mortgagor as defendant has been served -with summons must make his complaint of such irregularities in the foreclosure suit, and will not be heard to complain thereof by a colláteral attack in an independent action against the grantee holding the sheriff’s deed pursuant to the mortgage foreclosure sale.</p>