Forbes v. Main

Citations

• 111 Kan. 436
• 207 P. 775
• 1922 Kan. LEXIS 269

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Vacation op Judgment — Subsequent Insanity of Defendant- — -Vacation Refused. One who was adjudged insane after an action to foreclose a real-estate mortgage had been commenced, summons had been served, judgment had been rendered, order of sale had been issued, and sale had been made and confirmed, cannot, after he has been discharged from the state hospital as restored to sanity and after the period of redemption from the sale has expired, successfully prosecute a proceeding in the foreclosure action to set aside and vacate the judgment, the order of sale, the sale, and the confirmation thereof, on the ground of his incapacity.</p>