Ellis v. Snyder

Citations

• 83 Kan. 638
• 112 P. 594
• 1911 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of Actions — Suspension of the Statute. A husband and wife executed a note secured by mortgage on their land, and the husband thereafter died, having previously conveyed the title to his wife. The widow rented the farm to her son-in-law, and during such tenancy the widow died. The son-in-law, with his wife, continued in possession of the farm, and before the expiration of five years from the maturity of the note made a small payment on the debt. They continued in possession for a number of years, until this action to foreclose the mortgage was brought, with the acquiescence of the brothers and sisters of the wife; and her husband, with her consent, made several payments upon the indebtedness and paid the taxes on the land, all of which payments were made from the proceeds of crops raised upon the land. No interval of five years elapsed between such payments. He neither paid nor contracted to pay any rent to any of the heirs. Held,, that such payments prevented the running of the statute of limitation in favor of any of the heirs against the mortgage debt.</p> <p>2. Tenancy in Common' — Possession of Mortgaged Premises— Interest — Bent. A tenant in common in possession of mortgaged real estate with the acquiscence of the other cotenants, and in the absence of any contract to pay rent, owes a duty to the other cotenants to pay the interest maturing on the mortgage and the taxes accruing on the land.</p>