Traylor v. Rogers

Citations

• 104 Kan. 250
• 178 P. 416
• 1919 Kan. LEXIS 236

Syllabus

<p>SYLLABUS 'BY THE COURT.</p> <p>Mortgage Foreclosure — Sheriff’s Deed — Ejectment — Previous Action No Bar to Present Action. In an action of ejectment in which plaintiff relied on the execution of deeds as absolute conveyances for title and right of possession, and the defense was that the deeds were in fact mortgages given as security for indebtedness, as to which an accounting was asked, a judgment was rendered finding the deeds to be mortgages and adjudging that plaintiff was not entitled to the possession of the mortgaged land. There was no adjudication as to the indebtedness nor the right of foreclosure. Held, that the judgment in that action did\\not operate as a bar to the maintenance of another action between the same parties for the recovery of the mortgage debt and the foreclosure of the mortgages.</p>