Kruse v. Conklin
Supreme Court of Kansas
Appeal from Kiowa district court; Edward H. Madison, judge pro tern. STATEMENT. This was an action in ejectment to recover the possession of 160 acres of land in Kiowa county. After issues were joined a jury was waived. The court made findings of fact which are, in substance: (1) C. L. Davidson held a mortgage on the land, • dated July 2, 1887, payable five years after date. (2) Soon after the execution of the mortgage the land was abandoned by the owner of the fee.
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Appeal from Kiowa district court; Edward H. Madison, judge pro tern. STATEMENT. This was an action in ejectment to recover the possession of 160 acres of land in Kiowa county. After issues were joined a jury was waived. The court made findings of fact which are, in substance: (1) C. L. Davidson held a mortgage on the land, • dated July 2, 1887, payable five years after date. (2) Soon after the execution of the mortgage the land was abandoned by the owner of the fee. (3) In 1890 the Fullington Live Stock Company included the land in a large pasture owned by it, in which there were several…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The defendant challenges the correctness of the fourth, fifth and sixth conclusions of law. The challenge must be sustained. The fourth and fifth conclusions upon which the court predicates the judg*362ment in substance amount to this: Cyrus Ritchie having purchased the note and mortgage for value and without notice, he and the plaintiff, who claims under him, are protected by the recording act, and because of the failure of the defendant to record his deed the plaintiff’s title is superior. But that part of the fifth conclusion of law which…
2Cases cited9 opinions
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