Greene v. Healy

Citations

• 70 Kan. 173
• 78 P. 416
• 1873 Kan. LEXIS 155

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage Foreclosure — Separate Tracts — Marshaling Assets. Where, in an action to foreclose a mortgage on three separate tracts of real estate, one of which is claimed by certain parties defendant other than the mortgagor, it is conceded by all parties that the mortgagor did have some interest in the land at the time he executed the mortgage, and it appears that subsequently to the execution of the mortgage, in an action in ejectment, a judgment was rendered in favor of such claimants, canceling all pretended title of the mortgagor in such tract, and quieting the title thereto in such claimants, and that the two remaining tracts are still the property of the mortgagor, it is held, that it is not error for the court to order the tracts of land included in the mortgage and not subject to the claim of such defendants to be sold first, and the proceeds applied to the satisfaction of the mortgage lien before a sale of the tract claimed by them.</p>