Hillyard v. Fick

Citations

• 89 Kan. 108
• 130 P. 675
• 1913 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>T. Ejectment — Judgment for Possession — Writ of Possession— Unrecorded Deed. Where a conveyance by the defendant is. made before an action in ejectment is commenced but is withheld from the record until some time afterward and the plaintiff has no notice of the conveyance or of the claims of the grantee, and there is no change in possession or other indication of any claim or interest by any person except the defendant, and the suit proceeds to a judgment against him, a writ of possession should issue upon the application of the plaintiff' under which the defendant and all persons holding under or in privity with him after the commencement of the action, including such grantee, should be dispossessed.</p> <p>2. Jurisdiction — Party Bound by Judgment — Not a Party. This court is not without jurisdiction to review an order denying an application for a writ of possession against a person bound by the judgment but not a party to the action, notice of appeal having been served upoh the defendant in the action but not. upon the person against whom the writ was asked.</p>