Timma v. Timma

Citations

• 72 Kan. 73
• 82 P. 481
• 1905 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Nature of a Suit for Specific Performance. A suit to compel specific performance of an agreement to convey land is an action in personam, which can be tried wherever jurisdiction of the person of the defendant can be acquired.</p> <p>2. —-- Suit to Have a Deed Declared a Mortgage. As the issues were formed herein the suit was essentially one to have an instrument, which was in form a deed, adjudged to be a mortgage securing a debt, and for the cancelation of the same upon the payment of the debt, and the quieting óf the title of the mortgagor, rather than for specific performance of a contract to convey land.</p> <p>3. Evidence — Volunteer Witness — Credibility. The fact that a person may voluntarily come from another state and without process appear and testify in court does not impair his competency as a witness, nor necessarily deprive his testimony of probative force.</p> <p>4. Mortgages — Conveyance Held Not Absolute, but a Security. It is held, that the testimony is sufficient to show that the instrument in controversy was intended by the parties as a mortgage for security only, instead of an absolute transfer of title.</p>