Whiteman v. Cornwell

Citations

• 100 Kan. 234
• 164 P. 280
• 1917 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Quieting Title — Publication Service — Judgment Vacated —Rights of Innocent Purchaser. The rights of a purchaser of real estate who, in good faith and for á valuable consideration, and in reliance on a judgment quieting the title of his grantor, acquires the property by warranty deed, are protected by section 83 of the civil code, although the judgment may be opened for further consideration as to the rights of the original parties thereto.</p> <p>2. Same. The defendant, a resident of Iowa, owned a tract of wild unoccupied land. The plaintiff procured a questionable and perhaps worthless -title thereto and filed an action to quiet and confirm his title. The defendant was summoned by publication; and, having no actual notice, judgment was rendered against him by default. The plaintiff then sold the land by warranty deed to a third party who relied on the judgment, in good faith and for a valuable consideration. When the judgment was opened, this third party appeared and contested with the defendant. In such a situation the rule of the civil cqde, section 83, protects the bona fide purchaser under the judgment, although it is set aside so far as it relates to the controversy between the plaintiff and defendant.</p>