Martin v. Miller

Citations

• 97 Kan. 723
• 156 P. 709
• 1916 Kan. LEXIS 385

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage — Decree of Foreclosure — Error in Period of Redemption— Valid Until Modified or Set Aside. Where a judgment foreclosing a real-estate mortgage erroneously fixes a shorter period of redemption than that allowed by the statute, it is not error for the court on confirmation of the sale to refuse to extend the limitation to the statutory period, so long as the original judgment remains unchanged.</p> <p>2. Same — Method of Correcting Error im, Period of Redemption. If the part of a judgment of foreclosure which unduly limits the right of redemption is the result of inadvertence or misapprehension of the facts, the proper method for its correction is by a motion under the statute relating to irregularities, a remedy which is open to one purchasing the land after the rendition of the judgment from a defendant who was not personally liable for its payment.</p> <p>3. Same ■ — ■ Error in Decree of Foreclosure ■— Can be Corrected Only in Manner Prescribed in Statute. The circumstance that the plaintiff, being also the purchaser at the sheriff’s sale, asks the court upon confirmation to shorten the time for redemption to six months, on the ground that the lien foreclosed was for purchase money (a claim found not to be sustained by the facts), does not authorize the court to disregard the terms of the original judgment and fix the period at eighteen months.</p> <p>4. Same — Judicial Discretion. Although the trial court by liberality of construction might have treated a request made after sale, to fix the time of redemption at the statutory period, as a motion to correct the original judgment in that regard, the omission to do so in the present case held not to constitute error.</p>