Stouffer v. Harlan

Citations

• 68 Kan. 135
• 74 P. 610
• 64 L.R.A. 320
• 1903 Kan. LEXIS 420

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Ejectment — Mortgagee in Possession — Rule Stated. A mortgagee of real property in possession of the mortgaged premises after condition broken may not be dispossessed without the payment of the mortgage debt, unless his posssssion was acquired under such circumstances that he ought not in equity to be permitted to retain it. One who assumes possession of the property under color of foreclosure proceedings believed by him to be valid, however defective'they may be in fact, is within the protection of this rule.</p>