Dobbs v. Lilley

Citations

• 86 Kan. 513
• 121 P. 505
• 1912 Kan. LEXIS 329

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Foreclosure — Parties—Mortgagor in Penitentiary — Bights of Heirs. The owner of land subject to a mortgage was convicted of crime, sentenced to the penitentiary and confined there the remainder of his natural life. After his incarceration and before his death the mortgage was foreclosed by proceedings regular in form which resulted in a sheriff’s deed, The parties to the foreclosure proceeding were those who would have been made such had the mortgagor been naturally dead, including his children. After his death his children, who were his only heirs, sought to recover the land and to redeem from the mortgage. Held, the foreclosure proceedings and the sheriff’s deed were valid under section 337 of the criminal code, providing that whenever a person shall be imprisoned under a sentence for life his estate, property and effects shall be administered and disposed of in all respects as if he were naturally dead.</p>