Moody v. Stubbs

Citations

• 94 Kan. 250
• 146 P. 346
• 1915 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Security for Debt — Wife Signs as Surety — Extension of Payment Without Wife’s Knowledge — Lien Not Released. Where a husband and wife execute a deed upon property owned by her and she entrusts it to her husband to be delivered as security for a note executed by him to the grantee, and the husband without her knowledge delivers it under an arrangement made by him with the grantee that the note is to be renewed from time to time, extensions of the time of payment of the debt, made in pursuance of such arrangement, but without the knowledge of the wife, do not effect the release of her property.</p> <p>2. Same — In such case the lien upon the property continues as security for each new note, notwithstanding that in each instance the old note is surrendered, and that the new notes are made to a transferee of the original note.</p>