Moore v. McPherson

Citations

• 106 Kan. 268
• 187 P. 884
• 1920 Kan. LEXIS 500

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosure — Sale—Confirmation—Finality of Judgment of Confirmation. When a mortgage on real property is foreclosed, and the property sold, and the sale confirmed, such confirmation cannot be vacated nor t:he sale set aside after the term at which the judgment of confirmation was rendered, except in accordance with the civil code.</p> <p>2. Same — Sale—Rights of Second Mortgagee. Under section 497 of the civil code there can be but one foreclosure sale of mortgaged property, no matter how many mortgages encumber that property; and the only way that a junior mortgagee who has been impleaded can protect his interest is by seeing to it that the property, when sold, brings somewhere near what it is worth, or enough to satisfy his second lien. {Sigler v. Plwres, 105 Kan. 116, 181 Pac. 628.)</p> <p>3. Same — No Conflict between Positive Law and Equity. Equitable considerations do not clash with positive law, nor can they be invoked to unsettle established legal principles.</p> <p>4. Same — Judgment of Confirmation Final at End of Term. A court has no discretionary control over a judgment after the end of the term of court at which the judgment is rendered.</p> <p>5. Same — Sale of Mortgaged Property a Judicial Sale. In a mortgage foreclosure, the sale of the mortgaged property is a judicial sale, and the confirmation is a final and binding judgment of the court.</p>