Hegwood v. Leeper

Citations

• 100 Kan. 379
• 164 P. 173
• 1917 Kan. LEXIS 332

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — May be Shown to be in Effect a Mortgage — Parol Evidence. An instrument in the form of an ordinary warranty deed may be shown to be in effect a mortgage, by oral evidence that it was intended as security for debts owing by the grantor to the grantee and to other persons, and may be enforced as such at the instance of any of the beneficiaries. The statute forbidding the creation by parol of express trusts concerning lands does not apply to that situation.</p> <p>2. Deed — As Security — No Preference Intended. The evidence held to support a finding that no preference was intended between the several debts secured by a deed.</p> <p>3. Same — Two Plaintiffs — Joint Judgment — Nonprejudicial. The rendition of a joint judgment in favor of the plaintiffs, instead of a separate judgment for each in half the amount, held to have been nonprejudicial.</p> <p>4. Deed — Intended as Mortgage — Innocent Purchasers. The court having found that the grantee of a deed, which was intended in part as security for debts owed by the grantor to third persons, had exchanged the land for another tract, which he caused to be conveyed, in satisfaction of his indebtedness, to a creditor of his own, who was conversant with all the facts, a judgment is held to have been warranted holding both of them liable to the claimants whose liens were thereby lost.</p>