Myers v. Mills

Citations

• 109 Kan. 734
• 201 P. 856
• 1921 Kan. LEXIS 355

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Liens — Redemption—Sufficient Pleadings. The petition stated a cause of action for the redemption of real property from mortgage liens.</p> <p>2. Same — Deed Constituted a Mortgage — Evidence—Demurrer. There was evidence sufficient to establish that a deed and a writing given at the same time by the grantee to the grantor constituted a mortgage, and, for that reason, a demurrer to the plaintiff’s evidence was properly overruled.</p> <p>3. Same — Evidence—Findings of Fact. Findings of fact of which complaint is made were supported by evidence.</p> <p>4. Appeal — Evidence Not Abstracted to Supreme Court — Not Reviewable. A judgment will not be reversed for the exclusion of evidence on the trial of an action where that evidence was produced on the hearing of a motion for new trial but is not abstracted nor otherwise presented to the supreme court for consideration.</p> <p>SYLLABUS BY THE COURT.</p> <p>Redemption prom Mortgage Sale — Ability of Mortgagor To Make Payments Immaterial. In an action to enforce the right to redeem real property from a mortgage thereon, the ability of the mortgagor to make the payments at any particular time before the action is commenced, is immaterial, and a judgment giving the right to redeem will not be reversed for restricting cross-examination of the plaintiff on that question.</p>