Stratton v. Rotrock

Citations

• 84 Kan. 198
• 114 P. 224
• 1911 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Deed, Taken as Security for Purchase Price. According to the findings of fact in this case it was clearly the intention of both Stratton and Rotrock that when Stratton took the deed to the land in question he took it as security for the repayment of the purchase price of the land, with interest, from Rotrock to him. Held, such a deed was a mortgage.</p> <p>2. - Conversion of Deed for Purchase Price into Absolute Conveyance — Subsequent Contract. The deed being originally intended as a mortgage, neither the failure of Rotrock to pay the debt nor any act or intent of Stratton could convert it into an absolute conveyance, in the absence of a subsequent superseding contract.</p>