Stinson v. Bell

Citations

• 96 Kan. 191
• 150 P. 603
• 1915 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real-estate Mortgage — Construction—Providés for Annual Payments of Interest. Where foreclosure proceedings are brought on a note and mortgage because of default in the payment of interest and taxes, and the note and mortgage fail to state in specific terms the time when the interest is payable, it is proper for the court to look to all the terms of the instruments to determine the time when the interest should be paid, and where these terms construed together reasonably warrant the interpretation that the interest is payable annually, such determination by the trial court will not be disturbed on appeal.</p> <p>2. Same — No Error Shown in Computation of. Interest. Where an alleged error in the computation of interest is neither apparent nor sufficiently pointed out the general finding of the district court will not be disturbed.</p> <p>3. Same — Interest of Wife in Husband’s Land. Where the wife of a mortgagor of unoccupied Kansas lands comes into court on a publication service and admits that she joined with her husband in the execution of a note and mortgage, and no personal judgment is sought against her, she has no appealable interest in the lands of her husband subjected to foreclosure under a judgment based on such note and mortgage.</p>