Murphy Mortgage Co. v. Epp

Citations

• 99 Kan. 706
• 162 P. 1170

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nonresident Dependant — Publication Service — Motion to Set Aside Judgment — Want of Actual Notice Must be Shown. Before a nonresident defendant is entitled to have a judgment rendered against him on publication service set aside, he must make it appear to the satisfaction of the court that he did not have actual notice of the pendency of the action in time to make his defense. (Civ. Code, § 83.)</p> <p>2. Mortgage Foreclosure — Finding that Property Was Abandoned— Evidence. Where a proceeding for the foreclosure of a mortgage and the sale of real estate thereunder is uncontested, it is merely an irregularity for the court, upon the unsworn statements of plaintiff’s attorney, to make a finding that the property is abandoned; and such irregularity is cured when, later, upon full and satisfactory sworn testimony, the court determines that its original finding was true and correct.</p> <p>3. Same — Redemption—Sufficient Proof of Abandonment of Property— Six Months to Redeem. In a sale of real estate pursuant to a decree foreclosing a mortgage thereon, when it is satisfactorily shown that the premises are unoccupied, the residence vacant, its windows broken and its foundation undermined, its arable land idle and untilled, its windmills dismantled, its barns and outbuildings collapsed and collapsing and the property not in the possession of any bona fide caretaker, the statute limits the owner’s right of redemption to six months. (Civ. Code, § 476.)</p>