Gray v. Zellmer

Citations

• 66 Kan. 514
• 72 P. 228
• 1903 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership— Possession as Notice. It is a general rule that open and notorious possession of real estate is constructive notice to all the world of the rights of the one in possession.</p> <p>2. Equitable Estoppel — One who has Knowledge. The doctrine of equitable estoppel does not operate in favor of one who has knowledge of another’s rights, or who has convenient and available means of obtaining such knowledge.</p> <p>3. Mortgage— Subrogation — Fraud of Agent. Subrogation to the rights of a prior mortgagee cannot be claimed, where his mortgage has been paid without the knowledge or consent of the mortgagor out of the proceeds of a subsequent invalid mortgage executed by an agent without authority.</p>