Donald v. Stybr

Citations

• 65 Kan. 578
• 70 P. 650
• 1902 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Title and- Ownership — Insufficient Defense by Mortgagee. In an action to quiet his title brought by a senior mortgagee who had obtained a sheriff’s deed and possession of the premises under a foreclosure of his mortgage against the mortgagors without joining a second mortgagee as a party, the answer of the second mortgagee, claiming the right to redeem, disclosed the fact that his right to recover against the mortgagors was barred by the statute of limitations. Held, that the answer stated neither a cause of action for redemption nor a ground of defense to the plaintiff’s suit.</p>