John T. Stewart Estate (Inc.) v. Falkenberg

Citations

• 82 Kan. 576
• 109 P. 170

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Joinder op Causes op Action — Reformation and Enforcement of Chattel Mortgage. Where a chattel mortgagees intended by the parties thereto to run to the administrator of a deceased person, but by mistake the grantee is described as the deceased person, the instrument may be corrected and reformed in the same action in which it is sought to be enforc'd.</p> <p>2. Parties — Action to Reform and Enforce Chattel Mortgage. In an action brought to reform a chattel mortgage, - and to enforce the same by a judgment against a third party for the proceeds of the sale of property included in the mortgage, the makers of the instrument are proper parties defendant.</p> <p>3. - Appeal and Error — Disclaimer in Trial Court. In such an action, where the mortgagors enter their appearance and file a written consent that the mortgage may be reformed, but take no part in the other proceedings in the case, they are not necessary parties to an appeal in this court by the defendant against whom judgment for the value of the property is rendered.</p> <p>4. --- Foreign Corporation. By the provisions of chapter 153 of the Laws of 1903 (Gen. Stat. 1909, §1907) a foreign corporation holding a mortgage on real or personal property in this state may maintain an action to enforce the same without being authorized to engage in business within the state.</p> <p>5. Evidence — Transactions with Persons Since Deceased. A witness is not incompetent under section 322 of the old code (Gen. Stat. 1901, §4770; Code 1909, § 320) in a case where the adverse party is the assignee of the administrator of an estate.</p>