Hartz v. Fitts

Citations

• 89 Kan. 751
• 132 P. 1187
• 1913 Kan. LEXIS 115

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage — -Assignment—Foreclosure Sale — Action to Quiet Title. A mortgage on real estate was assigned on its margin to S. in 1887 by the mortgagee — a copartnership or company. In July, 1902, S'., by a separate instrument, assigned to L.,. and the two assignments were shortly thereafter recorded. L. foreclosed in 1904, making the original owner and H., the-holder of the fee subject to the mortgage, defendants, serving the latter by publication, and took a sheriff’s deed. A member of the mortgagee firm,, after it had made an assignment for the benefit of creditors, executed to the one then holding the fee-a release of the mortgage, which release was recorded in 1894,. the record failing to show a seal of the acknowledging officer. H. more than three years after the foreclosure sued a subsequent grantee of L. to quiet title. Held, that he is not entitled to the relief prayed for.</p> <p>2. Judicial Sale — Alterations in Notice of Sale — Sale Set Aside„ Certain erasures and changes in the notice, order of sale and order of confirmation, made after the decree to correct a. clerical error, being called to the attention of the court in which the foreclosure was had, the only penalty inflicted was to set aside the sale. Held, such ruling will not be disturbed-</p> <p>8. Revivor — Notice by Publication — Actual Notice to Local Counsel Not Required. In reviving a judgment against a nonresident defendant the law is satisfied by publication service^ and does not require, nor can the courts insist upon, actual-notice to local counsel.</p>