Equitable Mortgage Co. v. Gray

Citations

• 68 Kan. 100
• 74 P. 614
• 1903 Kan. LEXIS 413

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Mortgagee in Possession — Case Followed. A mortgagee who has taken peaceable possession of the mortgaged property under a sheriff’s deed, founded on a decree of foreclosure ■which was defective for lack of a necessary party defendant, can-mot '.be dispossessed by the mortgagor in an action of ejectment ■before payment of the mortgage debt. The case of Stouffer v. 'Harlan, post, 74 Pae. 610, applied and followed.</p> <p>2. Foreclosure — Subrogation. A purchaser at a mortgage-foreclosure sale is subrogated to the rights of the mortgagee.</p> <p>3. Practice, District Court — Joint Motion for New Trial. A joint motion for a new trial in which parties who disclaim are included will be sustained as to those who do not disclaim if the grounds are sufficient.</p>