Walter v. Calhoun

Citations

• 88 Kan. 801
• 129 P. 1176
• 1913 Kan. LEXIS 423

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence—Lost Writing—Copy Made from Memory—Admissible. Where the original of a writing can not be produced a copy thereof made from memory by one who knew the contents of the original is admissible as secondary evidence.</p> <p>2. Mortgagee—In Possession—Chargeable with Rental value of Land. A mortgagee in possession is chargeable with the reasonable rental value of the use and occupation of the premises.</p> <p>8. -- Entitled to Interest on Debt—Chargeable with Interest on Rents. Where there has .been no application of the proceeds of the rents directed by the mortgagor interest should be computed on the indebtedness for the whole period without annual rests, and where the mortgagee is entitled to interest on the debt he is chargeable with interest on the rents.</p> <p>4. - In Possession — Compensation for Personal Services. Ordinarily a mortgagee in possession is not entitled to compensation for personal services in the management of the property, but the rule is not inflexible; and upon the facts stated in the opinion it is held that an allowance of ten per cent as commissions for the collection of rents is not inequitable.</p> <p>5. Absolute Deed—Declared a Mortgage—Usurious Interest. In a suit to have a deed declared a mortgage and to redeem therefrom, held, that the court' properly refused to credit the mortgagor with usurious interest.</p>