English v. Sanborn

Citations

• 97 Kan. 393
• 155 P. 1079
• 1916 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage — Oral Agreement to Execute — Equitable Lien. One who had given a chattel mortgage on certain property to secure a note, and had agreed to replace this with one executed by himself and wife, used the same property to secure a loan to complete payment for a farm and then promised his debtor to give him a mortgage on the farm executed by himself and wife — but gave.him only a mortgage signed by himself and not acknowledged, the wife refusing to join, but she, with her husband enjoying the fruits of such exchange of security. The only defense pleaded to plaintiff’s action to subject the land to the lien of his debt was a general denial. Held, that as between these parties the land is subject to such lien.</p> <p>2. Same — Foreclosure—Unrecorded Deed — Innocent Purchaser — Question for Jury. The husband and wife conveyed the land two days before this suit was begun but the grantees did not record their deed until some time after service had been made. The evidence as to such grantees being innocent purchasers examined and held to have been such as to entitle plaintiff to its submission to the jury under proper instructions.</p>