New v. Smith

Citations

• 97 Kan. 580
• 155 P. 1080
• 1916 Kan. LEXIS 353

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Mortgages Paid by Tenant — Offset by Rents and Profits —Statute of Limitations. When a defendant has wrongfully withheld possession of plaintiff’s farm for many years, but who on the broadest principles of equity is allowed a claim for mortgages paid by him, the plaintiff may set up a claim for the reasonable rental value of the farm to meet defendant’s claim, and the statute of limitations is no bar to such claim for rents and profits, following section 102 of the civil code.</p> <p>2. Same — Protracted Litigation — Duty of Court of Equity. When a lawsuit has been in court for fourteen years, during which time it has been appealed to the supreme court five times, it is imperative that some broad general principles of law and equity be rigorously applied, and the litigation brought to a close and final judgment ordered. This rule applied here.</p>