Leslie v. Gibson
Supreme Court of Kansas
Error from Seward district court; William H. Thompson, judge. STATEMENT. Leo N. Leslie commenced a suit to quiet title against several parties, including Archibald J. Berry and the Showalter Mortgage Company. Service was by publication, and judgment was rendered upon default against all the defendants. Within two years after the judgment had been entered Charles E. Gibson filed a-motion to open the judgment and for leave to defend.
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Error from Seward district court; William H. Thompson, judge. STATEMENT. Leo N. Leslie commenced a suit to quiet title against several parties, including Archibald J. Berry and the Showalter Mortgage Company. Service was by publication, and judgment was rendered upon default against all the defendants. Within two years after the judgment had been entered Charles E. Gibson filed a-motion to open the judgment and for leave to defend. He was not a party to the action, but was the assignee of a mortgage given to the Showalter Mortgage Company by Archibald J. Berry, assigned by the company to…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The contention of the plaintiff is that the order vacating the original judgment quieting title, and the subsequent judgment of foreclosure and sale "thereunder, are void. It is argued that as Gibson was not a party and had no interest in the subject-matter •of the action at the time the judgment was rendered, having, as his petition showed, taken an assignment of the mortgage after that date, he had no right to make the motion.
It appears that Celia C. Prentiss owned the mort.gage at the time of the judgment, but as her assignment from the…
2Cases cited14 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Tyler v. AspinwallSupreme Court of Connecticut · 1901
- Furman v. . FurmanNew York Court of Appeals · 1897
- Albright v. WarkentinSupreme Court of Kansas · 1884
- Green v. McMurtrySupreme Court of Kansas · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Savoy Oil Co. v. EmerySupreme Court of Oklahoma · 1928
- Zimmerman v. RoseSupreme Court of Kansas · 1922
- Board of County Commissioners v. WalterSupreme Court of Kansas · 1911
- Campbell v. Nako CorporationSupreme Court of Kansas · 1965
- Withers v. MillerSupreme Court of Kansas · 1934
11 more not listed; retrieve them via the Exa API.