Doyle v. Hays Land & Investment Co.

Citations

• 80 Kan. 209
• 102 P. 496
• 1909 Kan. LEXIS 49

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Publication Service — Description of Parties — Assignment of Interest Not Recorded. An assignment of a mortgage was made to “Jessie L. Williams, wife oí Edward H. Williams,” and was duly recorded: In a suit to quiet title, brought afterward by the holder of a tax deed to the mortgaged lands, this assignee of the mortgage was made a party by the designation “Mrs. Edward H. Williams,” and by that name was given notice by publication. She had assigned the mortgage to another party (under whom the plaintiff in this suit claims) before the judgment in the suit to quiet title, but this assignment was not recorded until afterward. Mrs. Williams whs a widow at the date of the publication, and resided in Massachusetts. Judgment was rendered in that suit by default against the defendants therein, including Mrs. Edward H. Williams, quieting title and barring the defendants named from any interest in the land. The plaintiff in that suit then sold and conveyed the land to another, under whom Doyle holds through mesne conveyances by warranty deed for a valuable consideration, and Doyle was in possession claiming such title when this suit was brought by the investment company to foreclose the mortgage which it so held by assignment. Held, that under the facts stated in the opinion the designation of Jessie L. Williams as “Mrs. Edward H. Williams”'in the petition and notice published was sufficient to permit an adjudication of the interest and claims of the plaintiff, holding under her by an assignment not recorded when the publication was made, the title to the mortgage appearing at that time by the records to be in her.</p> <p>2. Parties — Transfer of Interest before Suit — Transfer Not Recorded — Proceeding in Error. Where the records show a 'title in one who is made a defendant in a foreclosure suit in order to bar his interest in the land, and he pleads title to the land in fee, and the issues arising upon such pleading are fully