Buehler v. Teetor
Supreme Court of Kansas
Appeql from Scott district court. STATEMENT. Two causes of action are stated in the petition: One for foreclosure of a mortgage, and one for possession of the land, based upon the alleged rights of the plaintiff as a mortgagee, and also as grantee in a tax deed, claiming that he had previously taken and held possession and been wrongfully dispossessed by defendants John F. Masch and wife.
Read the full summary
Appeql from Scott district court. STATEMENT. Two causes of action are stated in the petition: One for foreclosure of a mortgage, and one for possession of the land, based upon the alleged rights of the plaintiff as a mortgagee, and also as grantee in a tax deed, claiming that he had previously taken and held possession and been wrongfully dispossessed by defendants John F. Masch and wife. Joseph L. Teetor and wife, mortgagors, were joined as defendants, but service was not made upon them. The answer contained a general denial, an admission of possession, and a specific denial that the…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The indebtedness to the plaintiff secured by the mortgage became due in April, 1892. In May of that year the mortgagor made the last payment, and abandoned the land in that year. The land thereafter remained vacant and unoccupied until the year 1897, when one Wallace, without right or claim of title, entered into its possession. He inclosed it with other land, sank a well and erected a windmill upon it, and used it for grazing purposes and as a watering place for stock.
The plaintiff is a nonresident of Kansas, residing in Pennsylvania at the…
2Cases cited3 opinions
- Stump v. BurnettSupreme Court of Kansas · 1903
- Nicholson v. HaleSupreme Court of Kansas · 1906
- Millikin v. LockwoodSupreme Court of Kansas · 1909
3Cited by4 opinions
- Drysdale v. WetzSupreme Court of Kansas · 1918
- Bank of Topeka v. SadlerSupreme Court of Kansas · 1913
- Payne v. BevelSupreme Court of Oklahoma · 1923
- Taylor v. FrandtSupreme Court of Kansas · 1937