Ekblad v. Hanson

Citations

• 85 Kan. 541
• 117 P. 1028
• 1911 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Administrators — Appointment — Collateral Attack — Foreclosure of Mortgage. In an action by an administrator to recover upon a note and to foreclose a mortgage forming a part of the assets ®f the estate in his hands for administration the maker of the note and mortgage can not defeat recovery on any of the following grounds: (a) That the person appointed administrator was not related to or a creditor of the decedent and was appointed in less than thirty days after the death without citing eligible next of kin, who took no part in the probate proceeding, to appear and take or renounce-administration; (6) that the action was begun without an order from the probate court; (c) that the money due on the note and mortgage was not needed for the payment of debts and one of the heirs desired them to be set off to him by an order of distribution.</p> <p>2. Mortgage — Foreclosure—Filing Note and Mortgage Waived. A court rule requiring the note and mortgage sued on in a foreclosure case to be filed before judgment is entered is waived by the confirmation of a sale made under a judgment entered before the instruments were filed.</p> <p>8. Taxes — Paid from Proceeds of Foreclosure Sale. It is the duty of the court to require taxes due on land'sold at a foreclosure sale to be paid out of the proceeds of the sale although no provision to that effect was inserted in the judgment.</p>