Farmers & Merchants State Bank v. Lemley

Citations

• 105 Kan. 15
• 180 P. 238
• 1919 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Creditor’s Bill — Not Maintainable until Creditor Has Reduced His Claim to Judgment — Application of Rule. The rule that a creditor’s bill cannot be maintained until the creditor has reduced his claim to judgment (Tennent v. Battey, 18 Kan. 324), is applied in an action to foreclose a mortgage, where plaintiff, after garnisheeing moneys deposited in a bank, amends his petition, makes the bank and the depositors parties, asks that payment be enjoined, that the debtor be decreed the owner of the money, and that it be applied upon the debt.</p> <p>2. Same — Petition Fails to State Ca-use of Action. The allegations in the petition that the debtor is insolvent, that the mortgaged property is insufficient to satisfy the debt, and that the debtor admits the indebtedness, are not sufficient to take the case out of the rule stated in the foregoing paragraph.</p>