Johnson v. Harvey

Citations

• 83 Kan. 471
• 112 P. 108
• 1910 Kan. LEXIS 563

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Pleadings — Judgment—Defense Not Raised by Answer — Foreclosure of Mortgage. The plaintiff brought an action to foreclose a mortgage which was in the form of a warranty deed. The answer consisted of a general denial, an express admission that the deed was executed for the purpose of securing an extension of a note and mortgage which were canceled and surrendered to the defendants, and further alleged that one of the purposes for which the deed was executed was to enable the mortgagor to avoid the payment of taxes. There was no plea of payment. Held, that the answer stated no defense, and that judgment was rightly awarded on the pleadings.</p>