Hanrion v. Hanrion

Citations

• 73 Kan. 25
• 84 P. 381

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Payment of Consideration by a Third Party— Resulting Trust. A mortgage of real estate is not a conveyance within the meaning of section 6 of the statute of trusts and powers (Gen. Stat. 1901, § 7880), which provides that when a conveyance is made to one person upon a consideration paid by another no use or trust shall result in favor of the latter, but the title shall vest in the former.</p> <p>2. Executors and Administrators — Assets of an Estate — Notes Payable to a Third Party. Where one lends his own money upon the notes of the borrowers secured by mortgages on real estate, which notes and mortgages he retains in his own possession, they are not prevented from being treated as assets of his estate upon his death by the fact that they are made payable to a third person.</p>