Stouffer v. Harlan
Supreme Court of Kansas
Appeal from Lyon district court. The court made findings of fact of which the following is a brief summary: (1) C. C. Stouffer was the owner of the land, subject to a mortgage belonging to the estate of Phineas Prouty, deceased. In 1894 Richard D. Harlan and Walter Chrystie, as executors of the Prouty estate, brought foreclosure proceedings, resulting in a sheriff’s deed to James S. Harlan, who took the title for the estate and entered into the possession of the land.
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Appeal from Lyon district court. The court made findings of fact of which the following is a brief summary: (1) C. C. Stouffer was the owner of the land, subject to a mortgage belonging to the estate of Phineas Prouty, deceased. In 1894 Richard D. Harlan and Walter Chrystie, as executors of the Prouty estate, brought foreclosure proceedings, resulting in a sheriff’s deed to James S. Harlan, who took the title for the estate and entered into the possession of the land. (2) On September 9, 1898, C. C. Stouffer and wife, claiming to be the owners of the land, brought an action in ejectment…
1Opinion of the Court
*310The opinion of the court was delivered by
Porter, J.:
The first contention is that the court erred in opening the judgment because in the affidavit in support of the application there was no showing that the other defendants, Richard D. Harlan and Walter Chrystie, had no knowledge of the pendency of the action in time to appear and defend. It is sufficient to say that the judgment was opened at the same term at which it was rendered and when the court had absolute control of the judgment, with full authority to set it aside, modify it or open it up for a defense. (Hemme v. School District, 30…
2Cases cited4 opinions
- Townshend v. . ThomsonNew York Court of Appeals · 1893
- Hemme v. School District No. 4Supreme Court of Kansas · 1883
- Mudge v. HullSupreme Court of Kansas · 1896
- State ex rel. Jackson v. City of CoffeyvileSupreme Court of Kansas · 1908
3Cited by5 opinions
- Charpie v. StoutSupreme Court of Kansas · 1912
- Harlan v. LoomisSupreme Court of Kansas · 1914
- Bankers Mortgage Co. v. O'DonovanSupreme Court of Kansas · 1933
- Pearcy v. Bankers Mortgage Co.Supreme Court of Kansas · 1929
- Harlan v. HoustonCourt of Appeals for the Eighth Circuit · 1919