Kelso v. Norton

Citations

• 74 Kan. 442
• 87 P. 184
• 1906 Kan. LEXIS 85

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1.Jurisdiction — Seal of Court O.mitted from Summons — Void Service. A summons issued by the clerk of a district court without being authenticated by the seal of the court is void, and service thereof will not confer jurisdiction upon the court.</p> <p>2.Judgment — Void for Want of Jurisdiction — Collateral Attack. Any judgment rendered or other action taken by a court without jurisdiction is a nullity and open to attack collaterally as well as directly.</p> <p>3. Mortgages — Redemption from Void Foreclosure — Adjusting Equities. In an equitable suit to redeem real estate from a sale under void foreclosure proceedings, where redemption is permitted, the equities of the parties will be adjusted in accordance with their rights as mortgagor and mortgagee, the same as if the foreclosure suit had not been commenced.</p> <p>4. - Interest Recoverable on Taxes Paid by Mortgagee. In an accounting between mortgagor and mortgagee, in an equitable suit to redeem real estate from void foreclosure proceedings, the mortgagee is entitled to recover interest on taxes paid by him after taking possession under such proceedings at the rate of twelve per cent, per annum from date of payment, as provided by section 148 of the tax laws, being section 7691 of the General Statutes of 1901.</p> <p>5-. - Judgment .Lien-holder Not a Necessary Party to a Suit to Redeem. The object of an equitable suit to redeem real estate from void foreclosure proceedings is to adjust equities between the mortgagor and mortgagee, and the mere holder of a judgment lien upon the land sought to be redeemed is not a necessary party to the complete determination of the controversy involved in the suit.</p>