Mercer v. Justice

Citations

• 63 Kan. 225
• 65 P. 219
• 1901 Kan. LEXIS 123

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tax Deed — Lien for Improvements Superior to Mortgage. In an action to foreclose a mortgage on real estate, a tax-deed holder who had taken possession and made valuable and lasting improvements under his tax deed was made a party. His tax deed was declared good on its face, but void for irregularities. It was based upon a tax sale made subsequently to the giving of the mortgage. Meld, that the tax-deed holder was entitled to a lien on the premises for the value of his improvements superior to the lien of the mortgage, and also entitled to an order of the court, upon the foreclosure of such mortgage, that he should not be evicted from said premises until the value of such improvements had been paid in full.</p> <p>2. - Occupying Claimants — Equitable Orders. The adjustment of the rights of occupying claimants is a matter of equitable cognizance; and courts may, in addition to the relief provided by statute, and as supplementary thereto, make such orders as are equitable and just in matters not specifically provided for by the statute.</p>