Gibson v. Ledwitch

Citations

• 84 Kan. 505
• 114 P. 851
• 1911 Kan. LEXIS 361

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Estoppel — Judgment against Nominal Trustee Not Binding' upon Owner. When a mortgage is executed to a party named as trustee, who has no beneficial interest in the mortgage and is given no powfers or duties over the subjects of the mortgage relation, nor any authority to represent the creditor, a judgment quieting the title of the mortgaged land as against such nominal trustee, in an action to which the creditor is not a party, will not bind the creditor, nor operate as a bar to the maintenance of an action to foreclose his mortgage.</p>