Perry v. Horack

Citations

• 63 Kan. 88
• 64 P. 990
• 1901 Kan. LEXIS 101

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>Note and Mortgage.' — Homestead—Limitation of Action. A mortgage upon a homestead was executed by the father and mother of minor children to socure a note whioh they had given. Before the note matured the father died intestate, and the mother and children continued to occupy the homestead. With the products of the homestead the mother made payments on the note and kept it alive. No guardian was appointed for the children and no payments on the note were expressly made for them. An action of foreclosure was brought more than five years after the maturity of the note, and the minor children claimed that the mortgage was barred as to them and not enforceable as against the undivided one-half of the mortgaged land which they had inherited. Held, that, the debt having been kept alive, the mortgage executed to secure its payment may be foreclosed against the whole of the land.</p>