Mack v. Austin

Citations

• 67 Kan. 36
• 72 P. 551
• 1903 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Note and Mortgage — Foreclosure—Parties Defendant'. In an action on a note and to foreclose a mortgage securing it, where the plaintiff alleged that the note and mortgage were not in his possession, but wrongfully in the possession of another, who was ■ claiming the same as her own and, through them, a lien on the land, it was proper to bring into the action such other person by publication of a,summons, she being a non-resident. Such action was not a transitory, but a local, one, although the plaintiff prayed in his petition that such wrongful holder be required to bring such note and mortgage into court. The gravamen of the action was the foreclosure^ of plaintiff’s mortgage and the exclusion of the defendant from any lien she might claim on the real estate involved.</p>