Hayes v. Waggener

Citations

• 98 Kan. 740
• 161 P. 584
• 1916 Kan. LEXIS 180

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Redemption Law — Land Sold on Foreclosure Jtidgment on Cross-petition — “Defendant Owner” — Statute Construed. The words “defendant owner” in sections 476 and 492 of the code, which provide that the defendant owner shall be entitled to the possession of real estate sold under execution, until the expiration of the redemption period, and may assign his rights to another, are broad enough to include an .owner of real .estate which is sold under a foreclosure judgment rendered on a cross-petition in a suit in which such owner was the plaintiff and the mortgagee was the defendant.</p> <p>2. Same — Attorney Purchaser of Client’s Real Estate — Who May Not Complain. Third persons whose rights are not affected thereby can not complain of the action of an attorney who becomes the purchaser of his client’s real estate at a judicial sale.</p> <p>3. Same — Defendant Owner’s Right to Possession — Not Affected by'Contract Between Certificate Holder and His Assignee. A defendant owner’s right to the possession of real estate sold under execution or order of sale during the redemption period is not affected by a contract between the holder of the certificate of sale and his assignee which purports to grant to such assignee the right to possession before the expiration of the redemption period.</p>