Shanks v. Louthan

Citations

• 79 Kan. 363
• 99 P. 613
• 1909 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Limitation op Actions—Tolling the Statute—Indorsement of Rents on Note by Mortgagee in Possession. When a mortgagee in possession of the mortgaged real estate by tenant applies the rents received thereon to the payment of taxes and for repairs, and indorses the balance as payments upon the note secured by the mortgage, with the mortgagor’s knowledge but without any direction to do so or other authority than such as may be implied from these facts, such indorse- * ments do not remove the bar of the statute of limitations in an action to collect the mortgage debt.</p>