Johnston v. Wear

Citations

• 110 Kan. 237
• 204 P. 141
• 1922 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sale — Redemption—Rights of Leinholders. A creditor who attaches the real property of his debtor becomes a lienholder within the meaning of section 478 of the code of civil procedure and cannot, under an order of sale issued in obedience to a judgment rendered in his favor, sell the real property to satisfy the attachment lien after a sheriff’s sale of the property- under a judgment in favor of a superior lienholder and a redemption from the sheriff’s sale by the attachment debtor. (Civ. Code, § 497.) The redemptioner takes the title that would have been conveyed to the purchaser at the sheriff’s sale.</p> <p>2. Res Judicata — Matters Arising on Motion After Judgment. Matters determined on a formal motion after judgment may be res adjudicata, but matters which are not necessarily connected with and do not become a part of the judgment on the motion are not conclusive in other actions.</p> <p>3. Priority op Liens — Title Acquired Through Foreclosure and Redemption — Lien Acquired by Attachment Proceedings. A grantee from one who obtains the title to real property in fraud of the rights of a creditor gets such a title to the property as will permit the grantee to redeem the property from a sheriff’s sale made under a judgment foreclosing a mortgage superior to the rights of the defrauded creditor who attaches the real property as the property of the defrauding debtor about the time the foreclosure action is commenced.</p> <p>4. Appeal — •Findings on Conflicting Evidence Conclusive. On appeal, a general finding of the trial court resolves in favor of the successful party all facts on which there was conflicting evidence.</p> <p>5. Judicial Sale — Redemption—Disposition of Money Paid for Redemption. Neither the purchaser of real property at a sheriff’s sale nor any of those in privity or in association with him can, by any arrangement between themselves, retain the title to the property and at the same time obtain the money p