Marsh v. Votaw

Citations

• 102 Kan. 747
• 172 P. 30
• 1918 Kan. LEXIS 133

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage Foreclosure — Irregularities in Decree — Motion to Set Aside Confirmation and to Amend Decree Made Too Late. On September 25, 1913, in a foreclosure suit where the defendants were served with summons, judgment was entered'by default, and with a provision barring defendants from all right of redemption. The sheriff’s sale, at which the plaintiff purchased, was confirmed December 16, 1913, the decree of confirmation reciting that the mortgage was for purchase • money, that less than one-third thereof had been paid, and fixed the period of redemption at six months from the sale. On September 23, 1916, the defendants moved to have the sale and. confirmation set aside and the judgment modified, but stated no defense to the action, and made no offer to redeem. Held, that the original judgment, though erroneous, is not void; the error in the judgment could be taken advantage of only by appeal; other irregularities complained of were cured by the confirmation; and the defendants’ application was made toó late to entitle them to relief.</p>