White v. Kincade

Citations

• 95 Kan. 466
• 148 P. 607
• 1915 Kan. LEXIS 237

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Mortgages—Priorities. An owner who contracted to sell a tract of land placed the purchaser in possession of the same, and before the transaction was closed and the legal title transferred he authorized the purchaser to have certain improvements made on the land, and the purchaser contracted for and had the improvements made and those who furnished the material and labor therefor claimed a lien on the land. After the owner had authorized the improvements he caused a deed, which his grantor had executed in blank, to be delivered to the purchaser with the name of the purchaser inserted therein as grantee, so that on the record the land appeared to have been directly conveyed from his grantor to his vendee, and at the same time he took a mortgage from the purchaser for the balance of the purchase price. Held, that the mechanic’s lien is prior to the mortgage lien executed by the purchaser and that the mechanic’s lien covered the interest which both the owner and the purchaser held in the land.</p> <p>,2. Same — Mistake in Stipulation — Equitable Powers of Court. It is competent for a court, in the interest of equity and justice, to relieve parties from stipulations inadvertently, mistakenly or fraudulently made and entered into by them. The exercise of this power is largely a matter of discretion, and it is held that there was no abuse of discretion in the relief granted in this instance.</p>