Shepard v. Gibson

Citations

• 88 Kan. 305
• 128 P. 371
• 1912 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>‘Quieting Title — Mortgage — Limitation of Actions—Statutes. In the enactment of chapter 232 of the Laws of 1911 the legislature did not intend to take from a mortgagee any existing rights under the mortgage contract nor to deprive him of a remedy to enforce such -rights, but its purpose was to give the owner of land on which there is' a mortgage that has long been in default and a cause of action thereon is barred by lapse of time the right to bring an action and have the present condition or status of the mortgage adjudicated, and the act, therefore, does not operate to impair the obligation of the mortgage contract.</p>