Jones v. Standiferd

Citations

• 69 Kan. 513
• 77 P. 271
• 1904 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Title and Ownership—Estoppel of Purchaser Pendente Lite — Purchaser at Judicial Sale Treated as a Mortgagee in Possession. Where the owner of a section of land mortgaged it for $10,000, and thereafter quitclaimed one quarter of it to her daughter, but not until a suit to foreclose a material-man’s lien on another quarter had been begun, in which suit the holder of said mortgage, by way of cross-petition, asked foreclosure of the whole section, which was decreed, and he purchased it at > judicial sale, and the original owner filed a motion to set aside the sale on eight grounds, seven of which were non-jurisdictional, which was denied, it is held, in an action in ejectment by the daughter for the quarter deeded to her, that she must be treated as a purchaser pendente lite, and as such is bound by her grant- or’s knowledge of the proceedings in foreclosure and general appearance to set aside the sale; and it is held further, that the-defendants in ejectment are entitled to all the rights of mortgagees in possession.</p>