Hess v. Conway

Citations

• 92 Kan. 787
• 142 P. 253
• 4 A.L.R. 1580
• 1914 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sale — Certificate of Purchase — Redemption—Knowledge by Attorney Imputed to His Principal. Knowledge by an attorney for the holder of a certificate of purchase of land sold at a judicial sale of a contract which he had negotiated between the purchaser and the landowner relating to redemption, and of the payment of money, which came into his hands, by way of redemption according to the contract, will be imputed to an assignee of the certificate who soon afterward employed the same attorney to represent his interests, when the knowledge was present in the mind of the attorney throughout his second employment.</p> <p>2. Same — Knowledge of Agent Imputed to Principal. Knowledge that the attorney had obtained possession of the redemption money paid under the contract, imparted to an agent of the assignee who had active charge of his principal’s interests as a holder of the certificate, will be imputed to the principal.</p> <p>3. Same — Holder of Certificate of Purchase — Estoppel to Deny Redemption Has Been Effected. With knowledge of the contract and of the possession by his attorney of the money paid for redemption, the assignee of the certificate acquiesced and permitted the landowner to complete redemption by paying to the clerk of the district court the remainder of the sum necessary for that purpose. Held, after the period of redemption expired the holder of the certificate was estopped to deny that redemption had been effected.</p> <p>4. Same — Money Paid Attorney for Redemption Rightfully Ordered Returned to Court. The portion of the redemption money obtained by the attorney not having been paid to the holder of the certificate, it belonged in the custody of the clerk of the district court and the court had .summary jurisdiction to compel the attorney to restore to the treasury of the court the money which he had diverted.</p> <p>5. Same — Unprofessional Conduct of Attorney — Power of Court to Discipline. The facts we