Ellsworth v. Eslick

Citations

• 91 Kan. 287
• 137 P. 973
• 1914 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosed — Sheriff’s Deed Iésued — Adverse Possession Taken by Landowner — Not Subservient to Sheriff’s Deed. A real-estate mortgage was foreclosed and a sheriff’s deed of the land was issued and duly recorded. At that time the land was vacant. Afterwards the foreclosed owner entered and took actual possession by tenant under a claim of full title based on legal advice and a belief that the foreclosure proceedings were fatally defective. Held, the entry was not subservient to the title claimed by the holder of the sheriff’s deed, that the possession following was hostile and not permissive, and that such possession was sufficient notice to the sheriff’s deed holder of its adverse character.</p> <p>2. SAME — Attornment of Landowner’s Tenant Void. After the lapse of several years a tenant of the adverse occupant while in possession accepted leases from and paid rent to a claimant of title under the sheriff’s deed for some two years. The tenant then renewed allegiance to his former landlord, and after leasing for a year purchased the land and took a deed from her. Thereafter he held adversely on his own account to the claimant under the sheriff’s deed. Held, the attornment of the tenant was void, the adverse character of the landlord’s possession was not affected hy it, and the entire period of such possession may be tacked to that of her grantee and those claiming title under him to make title by adverse possession.</p>