Schuler v. Fowler

Citations

• 63 Kan. 98
• 64 P. 1035
• 1901 Kan. LEXIS 103

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Vacation—Condition Precedent. The court should ' not vacate a judgment on an application made under subdivision 3 of section 568 of the code (Gen. Stat. 1901, §5054), until the party applying therefor, if he be the defendant, shall have set up a defense to the action, as provided in section 572 (Gen. Stat. 1901, §5058). These two sections are to be construed together, and it is error to vacate a judgment on such grounds until the defendant has presented to the court a complete defense to the action on which the judgment was rendered.</p> <p>2. -Execution on Deficiency Judgment. In an action to recover a personal judgment on a promissory note and to foreclose a real-estate mortgage, the plaintiff is entitled to an execution as a matter of right against the judgment debtor for any deficiency after selling the mortgaged property.</p>