Warren Mortgage Co. v. Winters

Citations

• 94 Kan. 615
• 146 P. 1012
• 1915 Kan. LEXIS 137

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Lien — Purchase Money — Undelivered Deed — Security. A lien upon land is acquired by one who lends money for its' purchase, under a promise that he is to receive a mortgage, and in the meantime is given the undelivered deed to hold as security for the performance of that agreement.</p> <p>2. Same — Subsequent Purchaser — Priority of Liens. A mortgage given at the time of the purchase of the mortgaged land by the mortgagor, to obtain the money used by him to pay the price and thereby procure the deed, has priority over a deed made by the mortgagor at a time when he-had no title, to a grantee who knew of the negotiations for the mortgage and had agreed to take the property subject to it, although the only reference to the mortgage in the deed is in an exception to the warranty of title.</p>