Robertson v. Bear

Citations

• 83 Kan. 468
• 112 P. 101
• 1910 Kan. LEXIS 562

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Motion to Vacate — Parties — Action to Quiet Title. Where one who is not a party to a judgment, more than three years after the rendition thereof, seeks to vacate the judgment by filing a motion attacking the jurisdiction of the court, and therein also seeks to vacate a sheriff’s deed to land sold in execution of the judgment, and serves notice upon one who is in possession of the land under claim of ownership and who, by leave of court, files an answer setting forth his claims to the land, and the court tries the issues joined as an action to quiet title, held, that, although such proceeding is irregular, the judgment resulting from such trial will not be set aside, it appearing that a full and fair trial was had and the judgment was well supported by the evidence.</p> <p>2. Mortgagee in Possession — Rents — Accounting — Counter Claim. Where, in such a proceeding, the defendant claims title to the land, but prays in case his title be held to be invalid that he be adjudged to be a mortgagee in possession, he is not estopped from asserting his claims against the land by failure to render in his answer an account of rents received. Any claims for rents received should be pleaded by the plaintiff. as a counter claim in reply.</p>