Lincoln Mortgage & Trust Co. v. Parker

Citations

• 65 Kan. 819
• 70 P. 892
• 1902 Kan. LEXIS 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage — Foreclosure—Pleading—Limitation of Actions. In a foreclosure suit commenced more than five years after the note and mortgage had matured, the mortgagors were made parties defendant, and also a trust company. The petition alleged that the trust company “is or claims to be the owner of the fee-simple title to the real estate herein described, or has or claims to have an interest in or lien upon said mortgaged premises, the exact nature of which is to this plaintiff unknown, but plaintiff alleges that the said title, estate, lien or interest of the defendant, . . . whatever the same may be, is subsequent, inferior and junior to the mortgage lien of this plaintiff.” Held, that a demurrer to the petition by the trust company, on the ground that the action was barred by the statute of limitations, was properly overruled.</p>