Walters v. Chance

Citations

• 73 Kan. 680
• 85 P. 779
• 1906 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Demurrer — Departure in Pleading Not Reached. Under our code a demurrer will not raise the question of inconsistency •or departure in pleading.</p> <p>2. Ejectment — Defense—“Mortgagee in Possession” — Peaceable Entry. A quiet and peaceable entry into possession of unoccupied land and the continued possession, thereof by a mortgagee, after condition broken, is a complete defense to an action in ejectment by the owner, until the mortgage lien has been satisfied.</p>