Tidball v. Schmeltz

Citations

• 77 Kan. 440
• 94 P. 794
• 1908 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition — Taking at Appraised Value — Purchase Pendente Lite. The doctrine of lis pendens applies to partition suits as well as other actions, but a purchaser pendente lite is only affected to the extent of the decree and subsequent proceedings therein; and where the suit, instead of terminating in a judicial sale, provides for one of the parties acquiring the title by sheriff’s deed at the appraised value, a mortgagee may assert his mortgage lien acquired while the action is pending.</p> <p>2. Usury — Defense to Mortgage Foreclosure. A purchaser of lands subject to a mortgage cannot in a suit to foreclose the mortgage interpose the defense of usury.</p>