Poole v. French

Citations

• 83 Kan. 281
• 111 P. 488
• 1910 Kan. LEXIS 524

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Immaterial Errors' — Pleadings. The district court will not be reversed for an erroneous ruling-concerning the form of pleading's in an action, when it is clear that no prejudice resulted therefrom.</p> <p>2. Descents and Distributions — Bight of Widow Who Did Not Sign a Conveyance Executed by H'er Husband — Limitation of Actions — Adverse Possession — Ratification' — Estoppel. Whether or not under the facts of this case section 2942 of the General Statutes of 1909 applies we express no opinion, but if it doe's and the plaintiff was entitled to receive one-half of the interest held by her deceased husband in the land in controversy during his lifetime, then we hold that she lost, such interest by her acquiescence, ratification and consent and by estoppel, and also by the statute of limitations, more than fifteen years having- elapsed after the conveyance by her husband and after the grantees thereunder had taken adverse possession of the land conveyed before she asserted any right thereto.</p> <p>3. Mortgages — Extension of Time of Payment — Substitution of New Note and Mortgage — Rights of Junior Lienholders. An owner of real estate executed a promissory note and secured it by a mortgage upon the land, such mortgage being a first lien thereon. He subsequently sold the mortgaged premises, to a purchaser who, as part of the consideration for the conveyance, assumed and agreed to pay all the encumbrances thereon. The purchaser of the land and the holder of the aforesaid note and mortgage agreed that the time of payment should be extended and a new note and mortgage executed by the purchaser of the mortgaged premises, payable at the time as, extended, and such new note .and mortgage should be substituted for those then held by the mortgagee, and that the priority of liens should not be changed or in any way affected thereby. Held, that such transaction was valid and binding, not only between the parties, but