Hillyard v. Banchor

Citations

• 85 Kan. 516
• 118 P. 67
• 1911 Kan. LEXIS 107

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. 'Quieting Title against Mortgagee — Judgment Final When. A judgment regularly rendered in an action against a mortgagee and others to quiet title, that the defendants therein “have no estate or interest in and to said premises, and that they be perpetually barred and enjoined from asserting any claim to said premises, or any part thereof, adverse to that of plaintiff” bars the lien of the mortgage.</p> <p>2. -Presumption that Parties to Judgment are Living. Where an action has been prosecuted to judgment in a court of competent jurisdiction by procedure regular upon the face of the record, it will be presumed that the parties thereto were living when the action was commenced and when the judgment was rendered. In the absence of proof to the contrary this presumption will prevail.</p> <p>3. Title — When Marketable. Objections of the purchaser to the title to land as shown upon an abstract of title presented by the vendor are examined and the title is held to be market- , able.</p> <p>4. Sales — Advance Payments — When Forfeited. It is a general ■rule that a purchaser of land who has made an advance payment and then failed to fulfill his contract without default on the part of the vendor can not recover the amount so paid.</p>