Kuhn v. National Bank

Citations

• 74 Kan. 456
• 87 P. 551
• 1906 Kan. LEXIS 88

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Execution Sale — Injunction by Purchaser Who Assumed. Mortgage — Notice of Judgment Lien. Where one who has no interest in or lien upon it buys a tract of land which is encumbered by three mortgages and two judgments of record, and, as a part of the purchase-price, assumes and agrees to pay the mortgages, and afterward does pay one of them, such purchaser is not entitled to an injunction to prevent a sheriff’s sale of the land which has been advertised under executions issued upon such judgments to be made subject only to the two unpaid mortgages.</p> <p>2. Mortgages — Payment—Subrogation. In such a case the purchaser is not entitled to have the paid mortgage, which has been released of record, revived for his protection, nor is he entitled to be subrogated to the rights of the mortgagee thereunder, and it is quite immaterial whether he had actual knowledge of the existence of the judgments at the time of his purchase or at the time of paying the mortgage. He is conclusively presumed to know what the proper records of the county disclose, which, by statute, are made constructive notice to all.</p> <p>3. Title and Ownership — Bona Fide Purchaser — Notice of Existing Liens. In such a case the purchaser takes the legal title to the land subject to all liens which are properly of record, and subject also to other liens of which he has actual notice.</p>