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· 4/12/1913

Ferguson v. Cloon

Citations

  • 89 Kan. 202
  • 131 P. 144
  • 1913 Kan. LEXIS 41

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title — Acquired, by Purchaser at Foreclosure Sale. It is a general rule that at a foreclosure sale the purchaser takes the title of all the parties to the action.</p> <p>2. Mortgage Foreclosure — Mortgagee Claiming Reversion — Estoppel. When one having a reversionary interest in real estate prosecutes a foreclosure action against mortgagors whose interest is subject to that right, without claiming the reversion or referring to it in any manner, and causes the property to be sold, he is estopped from asserting title after-wards under the reversion. The general rule referred to in the first paragraph above applies.</p>

Judges: Benson

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