Jaggar v. Plunkett

Citations

• 81 Kan. 565
• 106 P. 280
• 1910 Kan. LEXIS 393

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Possession by Mortgagee. It is not necessary to the status of a mortgagee in possession that possession of the land shall have been taken under the mortgage, nor with the consent of the mortgagor.</p> <p>2. - Same. It is enough that possession be peaceably and legally taken, and one who first takes possession under an invalid tax deed and afterward purchases a subsisting mortgage is not precluded from thereafter continuing the possession first taken and claiming the rights of a mortgagee in possession.</p> <p>3. - Action, by Mortgagee in Possession to Compel Redemption. A mortgagee in possession may bring an action against the mortgagor or one holding under him to compel him to redeem within a reasonable time, to be fixed by the court, and the court may provide in its decree that if he fails to do so his right of redemption shall be barred. (Henthorn v. 'Security Co., 70 Kan. 808.)</p> <p>4. Evidence — Sufficiency. A fact may be established by incompetent evidence, if material, where it is received without objection.</p>