Farm Land Mortgage & Debenture Co. v. Hopkins

Citations

• 63 Kan. 678
• 66 P. 1015
• 1901 Kan. LEXIS 206

Syllabus

<p>syllabus by the court.</p> <p>1. Foreclosure Sale — Erroneous Statement by Sheriff — Action for Amount of Bid — Sheriff not Estopped. In a foreclosure proceeding two judgments were rendered, which were decreed to be first and second liens on the mortgaged premises. Just prior to the mortgage sale an attorney of the holder of the first lien, who was not familiar with the record, inquired of the sheriff the amount of the first lien, stating that he desired to bid for the land the amount of the lien and costs, and the officer by mistake gave the amount of both liens, a sum $654.30 in excess of the first lien. The property was then offered for sale, and the attorney bid the amount given him by the sheriff, which was the best bid and was accepted. The sale was confirmed, and a sheriff’s deed executed and delivered to the purchaser, after which the excess of the bid over the first lien and costs was demanded by the sheriff, and, being refused, suit was brought to recover it. The purchaser invoked the doctrine of estoppel, claiming that it was misled by the erroneous statement of the sheriff as to the amount of its judgment and that he was estopped to claim such excess. Held, that the sheriff was under no legal duty to inform the judgment creditor of the amount of his judgment, and, as the creditor had the same means of ascertaining the facts as the sheriff had, the doctrine of estoppel is not applicable.</p> <p>2. Equitable Estoppel — Buie Stated. As a general rule, it is essential to the application of the principle of equitable estoppel that the party claiming to have been influenced by the conduct or declarations of another to his injury was himself not only destitute of knowledge of the state of facts, but was also destitute of any convenient or available means of acquiring such knowledge, and that where the facts are known to both parties, or both have the same means of ascertaining the truth, there can be no estoppel.</p>