Holmes v. Holt

Citations

• 90 Kan. 774
• 136 P. 246
• 1913 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Absolute Deed — A Mortgage — Jurisdiction of Court of Equity. When a court of equity acquires jurisdiction of an action brought to determine whether certain conveyances are, in fact, mortgages, although purporting to be deeds, it will retain jurisdiction for the purpose of adjudicating all differences between the parties growing out of the transaction,</p> <p>2. Mortgagee in Possession — Chargeable with Rental Value of Land Less Improvements. Where in such case the party, purporting to be the grantee, acquires peaceable possession of the premises in question, believing that he is the owner thereof, the damages to be awarded therefor in a judgment in favor of the adverse party is the ordinary rental value for the time such possession is retained, less the value of the permanent improvements made thereon by such party m possession.</p> <p>3. Rates op Interest. Rates of -interest, not exceeding ten per cent per annum, agreed upon by the parties to a transaction will be allowed by the courts.</p>