Wykes v. City of Caldwell

Citations

• 71 Kan. 459
• 80 P. 941
• 1905 Kan. LEXIS 164

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgages — Foreclosure—Effect on Easement. The owner of a tract of mortgaged land granted to the owner of a system of water-works, by a written contract in which no reference was made to the mortgage, the right to maintain a dam thereon for twenty-one years in consideration of an agreement to furnish water for use upon other premises during the time the contract should continue in force. Afterward the mortgage was foreclosed, and by order of the court the land was first sold subject to the easement so granted, and this sale not realizing the amount of the mortgage debt the easement itself was then sold to the purchaser of the land. Held, that the rights of the owner of the water-works to maintain the dam in virtue of the contract were cut off by such sale, and that the obligation thereunder to furnish water ceased at the same time.</p>