Fitzgerald v. Fitzgerald

Citations

• 97 Kan. 408
• 155 P. 791
• 1916 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oral Contract — Equitable Mortgage Superior to Attachment Lien. One to whom the owner of land is indebted, and who orally agrees to and does lend money to the landowner with which to pay some of his debts, and who promises to and does pay other of the landowner’s debts, and promises to and does become surety for the landowner for other of his debts, on the agreement of the landowner that he will deed to the' other certain lands to secure him for the debts, money loaned, money paid and obligations incurred, becomes an equitable mortgagee of the lands agreed to be conveyed from the time of making such agreement; and his lien is paramount to that of a subsequent attaching creditor, although the deed is not made nor recorded until after the attachment is levied.</p>