New York Life Insurance v. Slentz

The opinion of the court was delivered by

Dawson, C. J.:

This was an action by the purchaser at foreclosure sale of an apartment building to recover the reasonable value of the use and occupancy of the property during an interval between the time the plaintiff purchaser was entitled to a sheriff’s deed and the time when such deed was executed.

Preliminary to a consideration of this case, it is necessary to state certain antecedent matters at some length:

Defendants owned four town lots in Wichita on which was situated a twenty-four-apartment building. Plaintiff held a mortgage on the property for…