Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 105 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...performance. The loss in such case falls on the vendee. MORTGAGE FORECLOSURE--Nece88a/I1 Additional Parties-ProPcents'lV Brought in. In a foreclosure suit, where parties defendant are lawfully litigating their rights, which are subordinate to those of the Plaintiff m01'gBgee, and the proper determination of those subordinate rights necessitates the presence of additional parties, the trial court or judge should order such other parties to be brought in, and the rights or pretensions of such additional parties in the property in question may properly be adjudicated in the same action. W1I..L--E.rccutr'a: 's Power to Sell Real Estate. A testator may lawfully clothe his executrix with power to sell real estate without the necessity of receiving the sanction of the probate court as a prerequisite to such sale. SAM -: --Rights of Purchasers from Ezecutriz. Purchasers of property from an executrix are not bound to inquire into her powers beyond ascertaining that a duly probated will empowers her to sell; they may deal with her in full confidence. If she transcends her authority, or fails properly to account for the proceeds, she is responsible to heirs, devisees, or creditors, but the vendees without notice of her improper conduct are not affected. MOR'l'GAGEs--Debt Due in Default of Payments at Holder's Option. Where a debt is secured by a mortgage on realty, and the note evidencing the debt merely provides that default in the payment of principal, interest or taxes shall, at the holder's option, mature the whole debt, the debt is not absolutely due at the first default of interest. The mortgagee may refrain from exercising his option, and payments of interest on the mortgage debt may later be lawfully made by the executrix of th