Ruf v. Grimes

Citations

• 104 Kan. 335
• 179 P. 378
• 1919 Kan. LEXIS 260

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosure — Issues Joined between Inferior Lien Holders —Judgment in rem — Amount Required to Redeem. It is not error to give the holder of. a lien on. real property a judgment for a sum of money against an inferior claimant to the property who may not be personally liable for that sum, when it clearly appears that the money judgment is entered merely for the purpose of determining the extent of the lien and to ascertain the amount which the inferior claimant must pay if he wishes to redeem the property therefrom.</p> <p>2. Same — Foreclosure in Lieu of Decree to Quiet Title. A defendant against whom a judgment quieting title is sought, has no just complaint that such judgment against him was denied and that only a judgment of foreclosure giving defendant six months to redeem was entered against .him in lieu of the judgment prayed for.</p> <p>3. Same — Judgment Within the Issues. The pleadings and exhibits and the evidence considered, and held that the judgment entered wqs within the scope of the issues and justified by the evidence.</p> <p>4. Same — Default in Purchase Price of Lots — Period of Redemption. One who has paid less than one-third of the purchase price which he agreed to pay for real property is only entitled to six months’ redemption where his interest has properly been subjected to foreclosure.</p> <p>5. Same — All Persons Claiming Interest in Mortgaged Property Proper Parties Defendant. When it is necessary for the holder of a superior mortgage lien to foreclose that lien, he may properly sue everybody concerned, including those who have inferior interests which conflict with each other, whether they conflict with his interest or not, and the latter may be permitted to join issues with each other, although the superior lien holder is not concerned therein, and the court may settle the priority and precedence of the claims of all the parties and dispose of all phases of the controversy in one decree.</p>